A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a constructor of multi-family housing with a total floor area of 7 stories above 998.41 square meters on land located in Nam-gu Incheon Metropolitan City.

1. No person who violates the prohibition against lending a construction business registration certificate shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

On June 2016, 2016, the Defendant paid 2 million won to a person who was unaware of his name at the construction site located in the above B, and leased C Co., Ltd’s registration certificate.

2. Construction works for a residential building the total floor area of which exceeds 661m2 in violation of any restriction imposed on a construction contractor shall be performed by the constructor;

From the end of June 2016 to the end of November 2016, the Defendant directly constructed the said apartment house even though he was not a constructor from the above B to the middle of November 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the letter of transfer of the case and a copy of the crime sight;

1. Application of the statutes on standard contracts for construction, substantial repair, and change of use, reports on commencement, and private construction works;

1. Article 96 Subparag. 3 of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016; hereinafter the same shall apply), Article 21 Subparag. 1 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016; hereinafter the same shall apply), Articles 96 Subparag. 5 and 41(1)1 of the former Framework Act on the Construction Industry (amended by Act No. 14015, Feb. 3, 2016;

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 62 (1) of the Criminal Act on the suspended execution;

1. Lending the registered name of construction business with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is highly harmful to society because it could disturb the order of the construction business community and cause problems such as poor construction and safety accidents.

In addition, the actual contractor and the nominal owner are different, causing various legal disputes, and the social costs required accordingly are enormous.

The defendant is punished for the same kind of crime, but he is again punished.