Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works using his/her name or trade name, and a residential apartment house with a total floor area of not more than 661m2 or a residential building with a total floor area of not more than 661m2 shall be constructed by a constructor.

Nevertheless, around November 13, 2015, the Defendant: (a) around 13, 2015, filed a report on the commencement of the construction project in the name of the Seoul Special Metropolitan City E and 2-story operated by an architect D; (b) but is not a constructor; (c) through D, transferred KRW 8 million to the national bank account (H) in the name of D; and (d) D paid KRW 6 million to the name in default; and (c) delivered it to the Defendant with relevant documents, such as a construction business registration certificate in the name of the G Special Metropolitan City Co., Ltd. which is necessary for reporting the commencement of the construction project; and (d) on November 17, 2015, the Defendant constructed the apartment house with the total floor area of KRW 785.82 square meters in Gwangju Special Metropolitan City, and the apartment house with the total floor area of KRW 656.25 square meters in J.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A copy of the K's statement;

1. Business registration certificate [G] and construction business registration certificate [G];

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to materials for reply to the national land, the commencement of which was reported under the name ofG);

1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection of Punishment, Article 21 (1) (the point of borrowing a registration certificate of construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 (1) 1 and 2 (a) of the Framework Act on the Construction Industry, and the selection of fines;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The same type of order shall be determined by taking into account all of the loan and construction frequency including a construction business registration certificate, etc. with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the scale of each construction project, the fact that the defendant confessions all of the crimes, and the fact that the defendant has no same record as the order;