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(영문) 수원지방법원 안산지원 2018.01.17 2017고단3466
건설산업기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who constructed a building for multi-household housing in Ysan-si, Ysan-si.

No person shall contract or perform construction works by lending the name or trade name of a construction business operator or lend a construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, in the process of constructing a building for multi-household use in the Gu of Ansan-si around the end of January 2017, the Defendant paid KRW 2 million to a person who is unable to know his/her name as a broker for lending a construction business registration certificate, construction business registration pocket book, etc., under the name of borrowing the above company construction business registration certificate, etc., and lends a copy, etc. of the construction business registration certificate and standard contract for private construction works of C corporation from the representative D of the corporation which is necessary for reporting construction commencement through a person whose name is unknown.

2.6. The report on the commencement of construction was submitted to the Yansan-gu Office.

Accordingly, the Defendant borrowed the construction business registration certificate of C Co., Ltd. and constructed the above building using the above trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as authorization and permission matters for building C, a certified copy of C registry, a land register, a report on commencement, a standard contract for construction works, a construction business registration certificate and pocket book, etc., a business registration certificate and an employee identification card, an on-site agent appointment and a certificate, etc., a certificate of construction report completion, standard contract for construction works, and

1. Relevant Article of the Act on Criminal Facts and Articles 96 subparagraph 3 and 21 (1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017) on the Selection of Punishment

1. The act of lending or borrowing the registration of construction business for the reason of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is a crime that has a great social harm by disrupting the order of the construction business community and causing problems such as defective construction. The defendant is a same type of crime.

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