except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

When a defendant is engaged in a specialized construction subcontract or wholesale or retail business of construction materials under the trade name of C and intends to conduct a construction business, he/she shall file for registration with the Minister of Land, Infrastructure and Transport according to any type of business prescribed by Presidential Decree, and no constructor shall allow any third person to receive or perform construction works using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book

Nevertheless, the Defendant, without registering with the Minister of Land, Infrastructure and Transport, performed construction works of constructing urban-type housing and officetels of the scale of eight stories above ground in Seoul, Gwangjin-gu, Seoul, with the construction cost equivalent to KRW 900 million on its ground from July 11, 201 to April 15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the standard form of contract for private construction works (Evidence No. 259 pages), the report on the commencement of construction works (Evidence No. 260 pages);

1. Subparagraph 1 of Article 96, Article 9 (1), subparagraph 3 of Article 96, or Article 21 (1) of the Framework Act on the Construction Industry for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the reason why the sentencing criteria are not set) is that the act of lending unregistered construction business and construction license constitutes a crime that disturbs the order of the construction business community and causes problems such as tax evasion activities, report or reduction of industrial accident employment insurance, poor construction, etc., and the defendant also causes such problems in the course of making large-scale construction work without registration, licensing, etc.

However, the defendant has no record of punishment for the same kind of crime, and the defendant recognizes and reflects the crime.