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Defendant
A shall be punished by imprisonment for eight months, by a fine of 5,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is a representative director of E Co., Ltd., the purpose of which is the construction business in Geum-gu, Busan, and the defendant B is an individual constructor.
1. Defendant A
(a) No constructor who violates the Framework Act on the Construction Industry shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person;
Nevertheless, the said Defendant, from August 2014 to March 2016, 201, had B, an individual constructor, perform the said new construction work in the name of the said E-stock company (hereinafter “E”) operated by himself/herself at the site of the G cafeteria Construction Corporation located in the Gu F (hereinafter “instant new construction”).
Accordingly, the above defendant had another person execute construction works using the name of the company that he operated.
B. On January 2016, 2016, the fraud B borrowed the name of E and failed to perform construction works any longer due to the failure to raise funds during the process of the said new construction works. On January 3, 2016, the victim H purchased the said site under the name of J Co., Ltd. (hereinafter “J”) that the victim actually operated by the owner of the new construction of this case from the owner of the new construction of this case. At that time, the Defendant and B demanded the victim to lend the remaining construction works under the name of E, such as the existing one, even after the transfer of the site.
On the other hand, in the case of lending the name of the construction business, if the credit rating of the nominal lending company is low, the credit rating of the nominal lending company is very important, and E is an excessive debt condition and is not good credit.
Nevertheless, on March 28, 2016, the Defendant and the victim are above the victim.