건설산업기본법위반
Defendant shall be punished by a fine of seven million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
1. No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person, and no one shall become the other party;
On June 2016, the Defendant paid 4 million won to the persons concerned of C, a corporation, and leased C’s registration certificate of construction business to the persons concerned of C in the Haju-si.
2. A constructor shall construct collective housing with a total floor area of not more than 661 square meters;
Even if the Defendant is not a constructor, from July 2016 to July 2017, the Defendant constructed one unit of multi-family housing with the total floor area of 499.96 square meters, and one unit of multi-family housing with the total floor area of 49.96 square meters, from July 2016 to July 2017.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Investigation report (attached documents, such as an application for building permission and a report on commencement of construction);
1. Application of Acts and subordinate statutes on investigation reports (amenity and case number No. 2017-1236 accompanied by a written opinion);
1. Relevant Article of the Act on Criminal facts, subparagraph 3 of Article 96 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply), Article 21 (1) (a) (a violation of prohibition against lending a construction business registration certificate), Article 96 subparagraph 5 of the former Framework Act on the Construction Industry, and Article 41 (1) 2 (a) (a) of the former Framework Act on the Construction Industry, and selection of fines for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;