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

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

Punishment of the crime

1. The Defendant is a constructor who has constructed a multi-family housing unit B in the Jongno-si city, which violates prohibition against lending a construction business registration certificate;

No person shall contract or execute construction works by using the name or trade name of another person or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, on March 31, 2016, the Defendant carried out construction works of the said building by transferring KRW 12,30,000 to the Agricultural Cooperative head of the Tong (Account Number: D) designated by the non-member who lent the construction business registration certificate at the construction site of the said apartment house, and filing a report on the commencement of construction after borrowing the construction business registration certificate necessary for the construction.

2. A constructor shall conduct construction works for residential buildings, the total floor area of which exceeds 661 square meters, or construction works for collective housing among residential buildings the total floor area of which is not more than 661 square meters;

Despite the fact that the Defendant is not a constructor, the Defendant, as described in the foregoing 1. Paragraph, lent a construction business registration certificate and completed the construction of multi-family housing, which is a residential building with a total floor area of 1359.36 square meters around June 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Prosecutor's report on investigation (Attachment to F ruling); and

1. Application of the standard contract for private construction works (influence 46 of investigation records), construction business registration certificate (influence 47 of investigation records), construction business pocket book (influence 48 of investigation records), and the detailed details of the results of transfer immediately;

1. Relevant Article of the Act on Criminal Facts, Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 2017); Article 21(1) (Article 96 Subparag. 5, and Article 41(1)1 of the Framework Act on the Construction Industry (Article 96 Subparag. 5, and Article 41(1)1 of the same Act (Article 41(1) of the same Act) for the selection of fines, and the selection of fines, respectively;

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;