A shall be punished by a fine for negligence of KRW 20,00,000, and by a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Defendant

A is an employee of the design office, and Defendant B is an architect who has no construction business license.

No person shall receive a contract for or perform construction works by lending the name or trade name of a constructor or lend his/her construction business registration certificate or construction business registration pocket book, and arrange such contract.

1. On August 18, 2017, Defendant A, at the construction site near the D University located in Seodaemun-gu Seoul Metropolitan Government, requested B to provide documents, such as a construction business registration certificate, etc. necessary for reporting the commencement of a detached house E, from a person whose name is unknown, he/she was given and received KRW 2.5 million in cash from B, and then, around August 24, 2017, the Defendant arranged the lending of the construction business registration certificate, etc. to the Seodaemun-gu Seoul Metropolitan Government Office instead of reporting the commencement of the construction of the said detached house.

2. Around August 18, 2017, Defendant B leased a construction business registration certificate, etc. of F Co., Ltd. to a person who was unable to know his/her name through A in the same manner as that described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a criminal investigation report (state) (construction data, case delivery note, etc.) and accompanying documents (No. 4-16)

1. Article 96 Subparag. 3 and Article 21(2) and (1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Defendant B: Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter “former Framework Act on the Construction Industry”) (Amended by Act No. 14708, Mar. 21, 2017); Selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the order of provisional payment;

1. Scope of applicable sentences under law: Fines not exceeding 30 million won each;

2. Whether the sentencing criteria are applied: