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

The defendant is the contractor of the business facility building in Gangseo-gu Seoul Metropolitan Government.

1. No person who violates the prohibition against lending a construction business registration certificate, etc. 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;

The Defendant paid KRW 3 million in cash to D at the construction site of March 2018, and borrowed a construction business registration certificate, etc. from it.

2. Construction works concerning the construction or substantial repair of buildings prescribed by Presidential Decree, such as schools, hospitals, accommodation facilities, etc. among buildings used by many people, which are not residential buildings the total floor area of which exceeds 661 square meters, buildings other than residential buildings the total floor area of which exceeds 495 square meters, and buildings the total floor area of which does not exceed 495 square meters, shall be performed by constructors;

Even if the Defendant is not a constructor, the Defendant leased a construction business registration certificate, etc. as described in paragraph (1) and reported the commencement of construction on April 6, 2018, and constructed a business facility building with a total floor area of 2,422.93 square meters at the same construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect with respect to F;

1. Application of Acts and subordinate statutes to replies and written reports on commencement of an investigation request (G et al. and two persons);

1. Relevant Article 95-2 subparag. 2 of the Act on the Construction Industry, Articles 21(2) (a) of the Framework Act on the Construction Industry for criminal facts, Articles 96 subparag. 5 and 41(1)3 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017); Articles 96 subparag. 5 and 41(1)3 of the former Framework Act on the Construction Industry; and each choice of imprisonment;

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. The crime of this case for sentencing of Article 62(1) of the Criminal Act is a new construction of a business facility building by a defendant who is not a constructor. The new construction of a building by such an unqualified person can guarantee the safety of the building.