When the defendant does not pay the above fine, 100,000 won.

No person shall receive a contract for or execute construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, on June 2017, the Defendant paid KRW 2 million to the deceased in the construction site of multi-household housing located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, as a loan to the deceased in the name of the construction site of multi-household housing, and borrowed the construction business registration certificate and registration pocket book of the company C from the deceased in the above name, and made a report of commencement of construction in the name of the company to the head of Bupyeong-gu Incheon Metropolitan City around June 27, 2017, and completed construction of multi-household housing in the name of the above company from around that time to January 19, 2018.

Accordingly, the Defendant borrowed a construction business registration certificate and construction business registration pocket book from C, and performed construction works by lending its trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (verification of the current status of report on commencement of Category C in the jurisdiction of a party branch office and perusal of a report on commencement of construction), investigation report (suspect D (provisional name: E) specific reasons;

1. A criminal investigation intelligence report;

1. Current status of reporting on commencement of construction and response to requested data (current status of reporting on commencement of construction) in Gyeonggi-do;

1. A report on commencement and contract for construction works;

1. Construction business registration certificate, pocket book, business registration certificate, etc.;

1. A certified copy of register;

1. Application of Acts and subordinate statutes, such as building ledgers and reports on commencement of construction;

1. Relevant Article of a crime, subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry and Article 21 (2) of the same Act, the selection of fines for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: as in the instant case, it is necessary to strictly regulate the act of lending and performing construction business registration in the name of the person concerned, as it is likely to cause serious social problems, such as defective construction works.

The Defendant committed the instant crime by fully recognizing the illegality of the instant crime.

The favorable circumstances are recognized and reflected.