Defendant

A A shall be punished by a fine of KRW 3.5 million and by a fine of KRW 7.00,000.

The above fines are imposed by the Defendants.

Punishment of the crime

No constructor shall allow any third person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to any third person, no one shall become the other party to such construction works, and any residential building the total floor area of which exceeds 661 square meters, or residential building the total floor area of which is not more than 661 square meters and the total area of which exceeds 495 square meters, and any construction works concerning the construction or substantial repair of any residential building the construction works of which

1. On October 2016, Defendant A, even though he is not a constructor, paid 2.8 million won to the persons concerned of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and leased the construction business registration certificate of the Dispute Resolution Co., Ltd., and thereafter, Defendant A constructed one multi-family housing with the total floor area of 223.6 square meters from around that time to March 2017.

2. On August 2016, Defendant B, even if he is not a constructor, paid 5 million won to the parties concerned in Gangseo-gu Seoul Metropolitan Government F, and leased the construction business registration certificate of the Party A to the Dispute Settlement Bank, and constructed one multi-family housing with a total floor area of 658.9375 square meters at the above place from that time to January 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. A copy of business registration certificate, a copy of construction business registration certificate, a copy of employee identification, and a certificate of seal impression;

1. Application of statutes related to reporting on commencement of projects;

1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Determination of fines, respectively, under Articles 96 subparag. 3, 21(1) (a) (a) and 96 subparag. 5, and 41(1)2 (a) (a) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017; hereinafter the same shall apply)

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Criminal Procedure Act.