Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the constructor of a building of multi-family housing which has been newly constructed in Bupyeong-si B.
1. No person who violates the Framework Act on the Construction Industry concerning Lending a construction business registration certificate shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;
Nevertheless, on June 2016, the Defendant paid KRW 1 million to the person who was not aware of his name at the construction site of a new building of multi-family housing located in B, 1,000, and leased C’s construction business registration certificate to the Defendant.
2. A multi-family housing building the total floor area of which does not exceed 661m2 in violation of the Framework Act on the Construction Industry concerning the violation of a construction contractor shall be constructed by the constructor;
Nevertheless, even though from the end of June 2016 to the early December 2016, the Defendant was not a constructor at the said place, the Defendant constructed a multi-family housing, which is a residential building with a total floor area of 532.64 square meters, upon receiving a construction business registration certificate from the constructor.
Summary of Evidence
1. Statement by the defendant in court;
1. An investigation report (a copy of a certificate of construction business registration, etc.);
1. Application of Acts and subordinate statutes to contract contracts, reports on commencement of construction works, construction registration certificates, and summary data of national traffic response;
1. Relevant Article of the Construction Industry Act, subparagraph 3 of Article 96 of the Framework Act on the Selection of Punishment, Article 21 (1) (a 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) 2 of the Framework Act on the Construction Industry (a point of violation of restrictions on constructors of construction works), and selection of fines, respectively;
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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected, the primary offender is the first offender, the size of the construction, and the sentence in a similar case shall be determined by the text of the Criminal Procedure Act.