If the defendant does not pay the above fine, KRW 100,000.

No one shall borrow a construction business registration certificate or a construction business registration pocket book to another constructor, perform construction works using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which is more than 661 square meters or constructing residential multi-family housing the total floor area of which is not more than 661 square meters shall be performed by a constructor.

Nevertheless, around December 9, 2016, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc., of a stock company, which is required to report the commencement of construction with a 4 million won to a person without a name, even though he/she is not a constructor, from Seodaemun-gu Seoul, Seoul, and two multi-family housing units with a total floor area of 1,225.5 square meters on the said land (A Dong 56.05 square meters, B 659.45 square meters).

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A copy of an application for building permit, a report on commencement, or contract for construction;

1. Application of Acts and subordinate statutes on construction business registration certificates and construction business registration pocketbooks;

1. Relevant Article 1 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 3; Article 21(2) (a) of the Act on the Construction Industry; Article 96 Subparag. 5; Article 96 Subparag. 5 of the Framework Act on the Construction Industry (a violation of restrictions on constructors of construction works); and selection of fines, respectively, for criminal facts;

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. Strict punishment is required in that the crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order may cause fraudulent construction and the risk therefrom.

The punishment shall be determined in consideration of the size of the construction work executed by the defendant and the equality of the punishment in the same and similar cases.