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(영문) 수원지방법원 성남지원 2017.01.18 2016고단3405
건설산업기본법위반
Text

Defendant

A and B shall be punished by a fine of KRW 8 million, and Defendant C shall be punished by a fine of KRW 5 million.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which total floor area is not more than 661m2;

Nevertheless, on October 2015, the Defendant: (a) lent the relevant documents, such as the construction registration certificate in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of construction, to the name in the name of the company in charge of the settlement of disputes; (b) filed a report on the commencement of construction in the name of the company in charge of settlement of disputes on December 23, 2015; (c) multi-family housing of the total floor area of 539.04 square meters in the same place; (d) multi-family housing of the total floor area of 537.84 square meters in the F; and (e) constructed multi-family housing of the total floor area of 58.6 square meters in H, respectively.

2. No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing a building other than residential buildings the total floor area of which exceeds 495 square meters shall be performed by the constructor;

Nevertheless, on November 2015, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of construction to K and K and filed a report on the commencement of construction in the name of the Dispute Resolution Co., Ltd. on January 22, 2016, and constructed a factory of the total floor area of 2,068 square meters in the same place.

3. No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing a non-residential building the total floor area of which exceeds 495 square meters shall be conducted by the constructor;

Nevertheless, even if the defendant is not a constructor, the defendant shall be the representative of the building in E-si M on February 2016, and even if not the constructor, the defendant shall be the representative of the building in E-Sacheon-si, which is necessary to report the commencement of the construction.

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