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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 2015, the Defendant received a request from F to lend the name of the registered construction company at the “E” construction office operated by the Defendant (E) of Bupyeong-gu Incheon Bupyeong-gu D Building 202.
F was a person who intends to construct a complex building for the purpose of use, such as a business facility (office) equivalent to KRW 190 million in total construction cost (office) and a multi-family housing (urban-type residential housing) in Bupyeong-gu Incheon Metropolitan City, which is equivalent to KRW 411m2, building area, KRW 236.37m2, total floor area, KRW 279.08m2, and total construction cost.
The Defendant was a fluorous soldier on August 2015, 2015.
H Request the construction company to lend the name of the construction company for the above F construction work, and H was friendly upon the work site in the past.
The I introduced K, a real operator of the I Co., Ltd. (Representative J), to lend its name “F to lend its name so that it can perform the said construction work in the name of the I Co., Ltd.” and, in return, received KRW 5 million from F on the 12th day of the same month.
As a result, the Defendant and H mediated an act prohibited by having an I Co., Ltd., a constructor, receive or execute construction works using his name or trade name from others.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness H in part;
1. The first written protocol concerning F to examine the suspect of the prosecution by the prosecution;
1. Application of Acts and subordinate statutes to the police interrogation protocol to H;
1. Subparagraph 3 of Article 96 of the Framework Act on the Construction Industry, Article 21 (2) and (1) of the same Act, and Article 30 of the Criminal Act concerning facts constituting a crime;
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;