A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. No person shall contract or execute construction works by lending his/her name or trade name from the construction business operator or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, around October 12, 2017, the Defendant paid KRW 3 million to the person in non-name at the construction site outside Seo-gu Incheon, Seo-gu and one parcel of land, and lent the construction business registration certificate and construction business registration pocketbook in the name of the constructor C, and executed construction works after filing a report on the commencement of construction works at the construction site in the name of the Dispute Resolution Co, Ltd. on October 17, 2017.

2. Construction works related to the construction of collective housing shall be performed by a constructor;

Even if the Defendant is not a constructor, from October 2017 to February 2018, the Defendant constructed multi-family housing (multi-household housing) with a total floor area of 50.87 square meters from B and one parcel other than B as indicated in paragraph (1) to 50.87 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a commencement report;

1. Subparagraph 2 of Article 95-2 of the Framework Act on the Construction Industry, Article 21(2) of the former Framework Act on the Construction Industry, Article 96 Subparagraph 5 and Article 41 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017);

1. Selection of imprisonment with labor as a matter of choice (the execution of a license without a license passed with the relevant business entity, the lack of compliance consciousness and the reduction of expenses, and the punishment imposed on the property type in light of the same type of power, but it is difficult to obtain preventive effects);

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 62 (1) of the Criminal Act on the stay of execution ( considered the necessity for treatment within society, considering the status of support and the prevention of recidivism);

1. The community service order under Article 62-2 of the Criminal Act;