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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a contractor who has built multi-households (multi-households) and business facilities (officetels) in Gu-si B.
1. No person who borrows a construction business registration certificate shall contract or perform construction works by lending his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;
Nevertheless, on January 2018, the Defendant constructed a new building on January 23, 2018, including, but not limited to, reporting the commencement of construction to the old-ri City Mayor on January 23, 2018, a person whose name is unknown at the construction site, a cash of KRW 3 million, borrowing a construction business registration certificate of C Co., Ltd. and a construction business registration pocketbook, etc.
2. Construction works concerning the construction or substantial repair of a building other than residential buildings, the total floor area of which exceeds 495 square meters in violation of the restrictions on construction business operators shall be performed by the constructor;
Notwithstanding that the Defendant is not a constructor, the same year from the end of January 2018.
9. Until the end, the above multi-household housing (multi-household housing) and the business facilities (officetel) were constructed at the construction site above the total floor area of 99m2.89m2
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on a building permit (change of permitted matters), report on the change of construction participants, report on the commencement of construction, standard contract for private construction works, and construction registration certificate;
1. Article 95-2 subparagraph 2 of Article 95-2 and Article 21 (2) of the Framework Act on the Construction Industry for the Prevention of Violations and the Selection of Punishment for Crimes (Occupancys for a Construction Business Registration Certificate and a Registration Book of Construction Business) and subparagraph 5 of Article 96 and Article 41 (1) 3 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are the same crimes.