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(영문) 대전지방법원 공주지원 2018.06.22 2018고단126
건설산업기본법위반
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The parties concerned Defendant A and Defendant D are three building owners of Maurel in F and two parcels at the time of Gongju-si.

Defendant

C is the actual representative director of H Co., Ltd. (hereinafter “H”) located on the second floor, Hongsung-gun G G 2, 2017, and Defendant B is the managing director of H.

2. Joint crimes committed by Defendant A and D;

(a) No person who violates the prohibition against lending a construction business registration certificate, etc. shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

On September 15, 2015, Defendants agreed to pay KRW 28 billion equivalent to 1.4 billion, which is the total amount of construction works, to C and B at H office around H office, and leased H’s construction business registration certificate and construction business registration pocket book.

(b) A building for non-residential purposes the total floor area of which exceeds 495 square meters shall be built by a constructor;

Even if the Defendants were not the constructors, they leased the construction business registration certificate as described in paragraph (1) from September 2015 to September 2015 (Defendant D until February 2017), and each construction site constructed 600.28m28m2, 765.37m2 and 958.1m2.

3. No constructor who commits a joint crime under defendant C or B shall allow any third person to perform construction works using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any third person;

On September 15, 2015, the Defendants received KRW 28 million from H office, as described in paragraph 2-A, and lent H’s construction business registration certificate and construction business registration pocket book.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (to make a statement by the public official in charge of public viewing I and to verify data submitted at the time of application for a building permit);

1. Application of Acts and subordinate statutes to certify all registered matters, and vice versa;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A’s Gu.

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