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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
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 April 2016, the Defendant borrowed the relevant documents, such as the construction business registration certificate in the name C, which is necessary to report the commencement of construction in the name of the company C, and constructed multi-family housing with a total floor area of 388.66 square meters at the same place.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation, and a report on investigation (to attach data on response to national traffic accompanied by national land);
1. Application of statutes, such as documents on commencement reporting;
1. Relevant Article 96 subparagraph 3 of the Construction Industry Act, Article 96 subparagraph 1 of the Framework Act on the Selection of Punishment, Article 21 (1) (a violation of prohibition against lending a construction business registration certificate, etc.) concerning criminal facts, Article 96 subparagraph 5 of the Construction Industry Act, and Article 41 (1) of the Framework Act on the Construction Industry (a violation of restriction on a constructor of construction works), and selection of fines;
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 concerning the order of provisional payment;