Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

1. Construction works for non-residential buildings the total floor area of which exceeds 495 square meters shall be performed by the constructor;

Although the Defendant is not a constructor, the Defendant constructed a building (Class II neighborhood living facilities) with a total floor area of 498 square meters in Gangnam-si, which was 498 square meters after the report on commencement of construction on June 27, 2014.

2. No person who rents a construction business registration certificate, etc. shall execute construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, on June 2014, the Defendant: (a) borrowed a construction business registration certificate from D representative of C Construction, which is a building contractor, and constructed the said building using the said trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Copy of the protocol concerning suspect examination of D; and

1. A copy of a contract, construction business registration certificate, or construction business registration pocketbook;

1. Application of investigation reports (special terms and conditions of a contract for construction works - Non-References to the license lease);

1. Selection of a fine for a crime, Article 96 subparagraph 5 of the relevant Act, Article 41 (1) 3 of the Framework Act on the Construction Industry (a violation of a restriction on a construction work executor), and Articles 96 subparagraph 3 and 21 (1) of the Framework Act on the Construction Industry (a violation of a restriction on a construction work executor) concerning the selection of a fine for the crime;

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;