A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

No constructor shall allow any third person to receive a contract for or perform construction works using his/her name or trade name, or lend his/her construction business registration certificate, etc., and in cases of a residential building the total floor area of which is not more than 61m2 and which falls under multi-family housing, the constructor shall perform construction works related to the construction

1. The Defendant, on September 9, 2016, newly constructed a new-use housing (C 102 units) with a total floor area of 658.89 square meters under the name of the building owner E, a penal water owner, at the construction site in Namyang-si, Namyang-si, and borrowed a construction business registration certificate, etc. of the FF corporation, a constructor, at a cost of KRW 1.5 million, and the Defendant, who was not a constructor, filed a report on the commencement of construction works with E even if the Defendant had entered into a construction contract with E, filed the report on the commencement of the construction works of the said apartment.

2. The Defendant, on September 10, 2016, newly constructed a multi-family housing (C 107) with a total floor area of 560.7mm2 in the name of the building owner H in Nam-si, Namyang-si, and, on the name of the building owner H, the Defendant paid 1.5 million won to the building owner and borrowed a construction business registration certificate, etc. of the FF corporation, the constructor, and the Defendant, who was not the constructor, submitted a report of commencement as if the Defendant had entered into a construction contract with H even though the Defendant was performing the construction work, submitted the report of commencement and submitted the construction work of the said multi-family housing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the protocol concerning the interrogation of suspect E by the prosecution;

1. Application of each Act or subordinate statute, such as family relation register, completion report on commencement of construction, each report on commencement of construction, each construction business registration certificate, standard contract for private construction works, etc.;

1. Relevant Article of the Construction Industry Act, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Selection of Construction Industry (a point of borrowing a registration certificate of construction business), Article 96 subparagraph 5, and Article 41 of the Framework Act on the Construction Industry, and each of the choice of imprisonment with labor for a crime;