A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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 the constructor or lend a construction business registration certificate or construction business registration pocket book;

On March 6, 2016, the Defendant paid 3.7 million won in cash to a person who is an employee of the Gangdong-gu Seoul Metropolitan Government Co., Ltd. in the construction site of a new apartment building B, a residential building building B, and borrowed the construction business registration certificate from the said company, and submitted a report on the commencement of construction to the construction company in the Gangseo-gu Seoul Metropolitan Government Co., Ltd. on April 6, 2016.

2. A constructor shall construct multi-family housing among residential buildings the total floor area of which does not exceed 661m2, in which a constructor violates any restriction on construction works;

Although the Defendant is not a constructor who registered with the Minister of Land, Infrastructure and Transport, the Defendant was granted a construction business registration certificate from April 2016 to September 2016, and constructed multi-family housing which is a residential building with a total floor area of 296.71m2 in Gangdong-gu Seoul Metropolitan Government from around September 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A civil petition application certificate, a permit to change the use of a large-scale repair of construction works, and a standard contract for private construction works;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to national land traffic response materials, construction business registration certificates, etc.);

1. Relevant Article 96 of the Act on Criminal Proceeds, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point where a certificate of registration of construction business has been leased), subparagraph 5 of Article 96 of the Framework Act on the Construction Industry, and Article 41 (1) 2 (a) (a) of the Framework Act on the Construction Industry, and selection of a sentence for 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. Taking into account the fact that the defendant's reasons for sentencing under Article 69 (1) of the Criminal Act reflects the wrongness of the defendant, and that the defendant has been sentenced to a fine of five million won for the same kind of crime in 2016;