No person shall contract or perform 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.

The Defendant borrowed a construction business registration certificate from the Construction Business Co., Ltd., a construction business entity, F, and four lots of land and G land owners, both of which are the building business entity, with the intention to directly construct the building on each of the above lands.

1. On July 5, 2017, the Defendant transferred the construction business registration certificate and construction business registration pocket book to the account of community credit cooperatives in the name of H, a construction business entity, under the name of H, a construction business entity, to the account of community credit cooperatives in the name of H, and borrowed KRW 13 million in the construction business registration certificate and construction business registration pocket book of H.

2. On September 5, 2017, the Defendant transferred the construction business registration certificate and construction business registration pocket book to the account of community credit cooperatives in the above I’s name as a rental fee at a place where the specific location is unknown and around September 5, 2017.

Accordingly, the defendant borrowed a construction business registration certificate and construction business registration pocketbook two times in total from H, which is a construction business operator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by J in the suspect examination protocol of the accused and J against the prosecution;

1. An interrogation protocol prepared by the prosecution against K (a letter-type one time);

1. Statement of witness by the prosecution concerning L - One-time answer;

1. Application of Acts and subordinate statutes to investigation reports (mainH construction data and case transfer records, etc.);

1. 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; Act No. 14708, Sep. 22, 2017); the choice of imprisonment for a crime;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) on May 26, 2017, the Defendant was sentenced to a suspended sentence of two months for a period of eight months on the grounds that “a residential building, the total floor area of which exceeds 661m2 in spite of borrowing a construction business registration certificate from another person and is not a constructor.”