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Defendant
A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 3,000,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. No person who contracts construction works by using the name or trade name of a constructor or lends his/her construction business registration certificate or construction business registration pocket book;
A. On October 2015, the Defendant: (a) was the actual constructor of an officetel located in the Nam-gu Incheon Metropolitan City, (b) around October 1, 2015, at the office of “H” in the operation of the Defendant on the third floor; (c) borrowed a construction business registration certificate and a construction business registration pocket book from B, the representative of the Company I, and received the construction of the said officetel from J, the main owner of the construction of the said officetel, and (d) constructed the said officetel around October 5, 2015.
B. On March 2016, the Defendant leased construction business registration certificate and construction business registration pocket book from B, the representative of the corporation I, and constructed the instant officetel around March 21, 2016, at the office of “H” as indicated in paragraph (a) around March 16, 2016, as a person who actually constructed the construction owner’s interest of officetels in the Nam-gu Incheon Metropolitan City, K, and three lots.
2. Defendant B shall not allow a third party to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to a third party;
A. On October 1, 2015, the Defendant: (a) lent the construction business registration certificate and construction business registration pocket book of the said corporation I to the said corporation; (b) used the said corporation I’s trade name; and (c) allowed the said corporation A to perform the construction of officetels upon receiving a contract for construction work, as described in paragraph (a).
B. On March 16, 2016, around March 16, 2016, the Defendant lent the construction business registration certificate and construction business registration pocket book of the said corporation A to the said corporation, and had the said corporation carry out officetels construction work as described in paragraph 1(b).
Summary of Evidence
1. Defendants’ respective legal statements
1. The police against J.