A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 9, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Cheongju District Court for fraud, and the judgment was finalized on August 17, 2018.

The Defendant is a constructor with the total floor area of Class B neighborhood living facilities of Class B, 99.9 square meters in Cheongju-si.

1. No person who violates the prohibition against lending his/her construction business registration certificate shall receive a contract for or perform construction works by lending his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, on June 2017, the Defendant paid 8 million won in cash to a person who is not aware of his name at the Cheong-dong bus terminal located in So-gu, Seo-gu, Seo-gu, Young-gu and lent the registration certificate of construction business of C Co., Ltd.

2. Construction works concerning the construction or substantial repair of any non-residential building, the total floor area of which exceeds 495 square meters in violation of the restriction on a construction contractor shall be performed by the constructor;

Nevertheless, from June 2017 to May 2, 2018, the Defendant constructed a neighborhood living facility with a total floor area of 99.9 square meters, even though it is not a constructor at the Cheongju-si petition-si B, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on commencement;

1. An application for building permission, a construction registration certificate, and a standard contract for private construction works;

1. Criminal records, inquiry reports, and application of statutes on judgment;

1. Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 5 and Article 41(1)3 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 107); Articles 96 Subparag. 5 and 41(1)3 of the former Framework Act on the Construction Industry; and each choice of imprisonment with labor

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is recognized as the crime of sentencing, and it is against the wrongness, and the same crime shall be fined.