Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. A person who intends to carry on construction business violating the Framework Act on the Construction Industry shall file for registration with the Minister of Land, Infrastructure and Transport;

Nevertheless, the Defendant, without being registered with the Minister of Land, Infrastructure and Transport, entered into a construction contract for indoor construction works with the total price of KRW 20 million from September 9, 2015 to December 5, 2015 in Seongbuk-gu Seoul, Seongbuk-gu Seoul, and carried out construction works, such as entering into a heating construction contract with the total price of KRW 20 million.5 million.

2. Around September 9, 2015, the Defendant, at the victim D’s house located in Seongbuk-gu Seoul Metropolitan Government, presented an estimate statement in the same text as “registration number E, trade name B, type construction, and type construction facilities” to the victim, and the Defendant, “A business entity that has paid an estimate of 18 million won is an unregistered business entity.” The Defendant, at the same time, made a false statement that “a registered business entity will not enter into a contract with the victim, because it has completed the construction business registration lawfully, and the registered business entity will not enter into the construction without permission.”

However, there was no fact that the defendant had registered construction business.

The Defendant received from the victim a total of KRW 4 million, around September 9, 2015, around KRW 4 million, around September 21, 2015, KRW 4 million around September 21, 2015, KRW 7 million around October 8, 2015, and KRW 18 million around November 6, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement made to D by the police;

1. A complaint (including attached documents);

1. As to the Defendant’s assertion on the investigation report (verification of the other party construction contents and the process of concluding the contract), the Defendant may have no qualification for minor construction works under the proviso of Article 9(1) of the Framework Act on the Construction Industry with respect to the violation of the Framework Act on the Construction Industry as indicated in the holding.