Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a contractor who has constructed multi-household housing (multi-household housing) in the Michuhol-gu Incheon and two parcels.

1. No person who borrows a construction business registration certificate or construction business registration pocket book shall contract or perform construction works by lending the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, the Defendant, at the construction site around October 2017, borrowed a cash of KRW 10 million to a person who is unable to know his/her name at the construction site, and borrowed a construction business registration certificate and a construction business registration pocket book, etc. of the Co., Ltd.; on November 24, 2017, the Defendant reported the change of the contractor to the head of Michuhol-gu Incheon Metropolitan City and carried out the construction of the said building.

2. Any construction works concerning construction or substantial repair of multi-family housing under the Building Act, the total floor area of which does not exceed 661m2 in violation of restrictions on constructors, shall be performed by constructors;

Despite the fact that the Defendant is not a constructor, from October 2017 to March 2018, the Defendant constructed a multi-household house (multi-household house) with a total floor area of 616.4 square meters at the same construction site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police investigation reports and accompanying materials;

1. Subparagraph 2 of Article 95-2 and Article 21(2) of the Framework Act on the Construction Industry for criminal facts under each applicable Act and subparagraph 5 of Article 96 and Article 41(1)2 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 Code of the Commercial Concurrent Crimes (trades violating the Framework Act on the Construction Industry due to borrowing a construction business registration certificate and violating the Framework Act on the Construction Industry due to borrowing a construction business registration pocketbook);

1. Selection of an 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;