Defendant shall be punished by a fine of seven million won.

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

Punishment of the crime

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

Nevertheless, on May 2015, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of Yeongdeungpo-gu Seoul Metropolitan Government, and necessary to report the commencement of construction, from among those who are not a constructor. On May 27, 2015, the Defendant reported the commencement of construction in the name of the Dispute Resolution Co., Ltd., and constructed multi-family housing (the owner: D) with a total floor area of 522.61mm2 in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (a copy of a construction permit);

1. Application of Acts and subordinate statutes to investigation report (main E-mail) (Attachment to the E-mail by the representative of C);

1. Relevant Article 96 subparagraph 3 of the Construction Industry Act, Article 96 subparagraph 1 of the Framework Act on the Selection of Punishment, Article 21 (1) (Occupancys in a construction business registration certificate and a construction business registration pocketbook), Article 96 subparagraph 5 of the Construction Industry Act, and Article 41 (1) of the Framework Act on the Construction Industry, and selection of fines for crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;