Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing multi-family housing under the Building Act and buildings other than residential buildings with a total floor area exceeding 495 square meters shall be conducted by the constructor.

Nevertheless, around February 2016, the Defendant borrowed relevant documents, such as a construction business registration certificate in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of construction, from around 2016 in the neighboring street of Gwangjin-gu Seoul Special Metropolitan City, even though it is not a constructor, and constructed multi-family housing with a total floor area of 192.18 square meters in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (Attachment of a letter);

1. A report on investigation (a report on confirmation, including total floor area of a building);

1. Application of statutes, such as a report on change of construction participants;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry (a) and Article 21 (1) of the same Act concerning facts constituting an offense; Article 96 subparagraph 5 and Article 41 of the Framework Act on the Construction Industry;

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. Article 334(1) of the Criminal Procedure Act provides for the punishment as set out in the Disposition, taking into account the following factors: (a) the scale of the reasons for sentencing; (b) the relationship with the Defendant and the owner; and (c) the balance of the general amounts of punishment in the same and similar cases.