Defendant shall be punished by a fine of four million won.

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

Punishment of the crime

The defendant is the actual owner of the building of multi-family housing in Incheon Nam-gu C.

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;

Nevertheless, on July 8, 2013, the Defendant paid 7 million won in cash to a person without a personal name as a license fee for construction, and received a lease of construction business registration certificate in the name of D Co., Ltd. from him/her on or around July 10, 2013, and completed construction works using the said company’s trade name.

2. A constructor shall construct multi-family housing among residential buildings for which the total floor area is not more than 661 square meters, among residential buildings for which a constructor's violation of restrictions is restricted;

Nevertheless, the Defendant, as described in the preceding paragraph, leased a construction business registration certificate even from July 2013 to November 2013, constructed multi-family housing with the total floor area of 529.95 square meters in Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the submission of materials for response to the Incheon Southern-gu Office (a report on commencement of construction and contract);

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 (Violation of Prohibition against Lending a Construction Business Registration Certificate), subparagraph 5 of Article 96 of the Framework Act on the Construction Industry, Article 41 (Violation of Prohibition against Lending a Construction Business Registration Certificate), and selection of fines;

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.