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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
The Defendant is a person who actually operates a newly-built house sales company C (hereinafter referred to as “C”), and D is a person who worked as a head from July 201 to March 2016 in E (hereinafter referred to as “E”), and F is the vice president of E.
The Defendant tried to construct 24 households in the G of Chungcheongnam-gu Seoul Special Metropolitan City, but did not have a construction business license, to lend the construction business license from E.
No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person, and no one shall become the other party thereto.
On September 16, 2015, the Defendant paid KRW 130 million to E offices located in Daegu Suwon-gu H, and borrowed a construction business registration certificate from D and F.
Summary of Evidence
The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Procedure Act, including the following circumstances, the family relation of the defendant, the motive and circumstances of the crime, and all of the sentencing conditions, such as the defendant's age, sex, environment, means and consequence, the investigation report (related to the lending of a construction business license to A), the investigation report (related to the voluntary submission of suspect A), the attached materials, and the applicable criminal facts subject to the applicable Acts and subordinate statutes, and Articles 96 subparag. 3, 21(1), and 21(1) of the Framework Act on the Construction Industry for the Voluntary Submission of Penalties, and Articles 70(1) and 69(1) of the Criminal Procedure Act for the Custody of the Criminal Procedure Act for the defendant's statutory statement, shall be determined as the sentence as ordered, in consideration of all the sentencing conditions, such as the defendant's age, sex, environment, means and result, and subsequent circumstances.
D. Unfavorable circumstances: The Defendant himself is responsible for committing the instant crime that interferes with the proper execution of construction works and the sound development of the construction industry, and that the amount paid in return for a license loan and the amount of the relevant construction cost are considerably favorable.