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(영문) 서울북부지방법원 2019.03.27 2018고단5295
건설산업기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall receive a contract for or execute construction works by using the name or trade name of a constructor, or lend a construction business registration certificate or construction business registration pocketbook.

Nevertheless, on July 30, 2018, the Defendant agreed to lend a construction business registration certificate, construction business pocket book, etc. of C Co., Ltd. necessary for reporting the commencement of construction, while constructing a building for the purpose of multi-family housing on the land of Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, with the intention of obtaining a proposal to lend the construction business registration certificate, construction business pocket book, etc. of C Co., Ltd. necessary for reporting the commencement of construction from brokers, and received a loan from C Co., Ltd. on or around July 30, 2018,

8.1.Before reporting the commencement of construction to the Dongjak-gu Office, the report was submitted.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to an application for permission on construction, extensive repair, change of purpose of use, report on commencement, report on commencement of construction works, standard contract for private construction works, construction, substantial repair,

1. Relevant provisions of subparagraph 2 of Article 95-2 and Article 21 (2) of the Framework Act on the Construction Industry for criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for sentencing) is that the Defendant, while having the same criminal records, is moving back to the instant crime again, and as a result, it is necessary to repeat the same offense with the knowledge that the license lending in this case is illegal, and even if having been repeated punishment, it is necessary to make a strict punishment.

However, it is decided as per the disposition in consideration of the fact that the defendant is divided and the defendant has no criminal records of imprisonment without prison labor or more.

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