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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
No person shall receive a contract for or perform construction works by lending his/her name or trade name from a constructor or lend his/her construction business registration certificate or registration pocket book, and any construction works for the construction of a residential building with a total floor area of not more than 661 square meters shall be conducted by a constructor.
1. Around June 5, 2015, the Defendant paid and lent KRW 2 million a comprehensive construction business license of a stock company B from his/her name in a place where the location is unknown. Around that time, the Defendant submitted a report, etc. on the commencement of construction to the competent authority that he/she constructed C’s detached housing in a stock company B. Around that time, the Defendant constructed the said detached housing with the total floor area of KRW 61.
As a result, the Defendant carried out construction works by lending the name of the constructor, and even though it is not a constructor, it was a residential building with a total floor area of less than 661 square meters.
2. On July 20, 2015, the Defendant paid and lent KRW 2 million a comprehensive construction business license of a stock company B from his name in a place where the location is unknown, and thereafter submitted to the competent authorities around that time a report, etc. on the commencement of construction to construct Kimpo-si D’s detached housing, and constructed the above detached housing with the total floor area of KRW 59.17 square meters around that time.
As a result, the Defendant carried out construction works by lending the name of the constructor, and even though it is not a constructor, it was a residential building with a total floor area of less than 661 square meters.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Report on commencement of construction works;
1. Construction business registration certificate;
1. A contract agreement;
1. A report on the selection of supervisor or a contractor;
1. Report on commencement of construction works;
1. A contract agreement;
1. Application of the statutes to a supervisor or a report on the selection of a contractor;
1. Criminal facts;