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

The defendant is a contractor with the total floor area of 1,595.24 square meters in the factory located in B in Pakistan-si.

1. No person who violates the prohibition against lending a construction business registration certificate shall receive a contract for or perform construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book

On August 5, 2017, the Defendant paid three million won in cash to a person in unsound name at the construction site of the above factory, and lent a construction business registration certificate of C Co., Ltd. to the said company on September 5, 2017, and changed the construction participant to the said company.

2. Construction works for non-residential buildings the total floor area of which exceeds 495 square meters in violation of the restriction on construction work executor shall be performed by the constructor;

From September 2017 to February 2018, the Defendant constructed the above factory even if he was not a constructor at the construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to investigation reports (including accompanying documents, such as a report on commencement of works);

1. Relevant legal provisions concerning criminal facts, Article 96 subparag. 3 of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 subparag. 5 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017); Articles 96 subparag. 3 and 41(1)3 of the former Framework Act on the Construction Industry (Amended by Act No. 15306, Dec. 26, 2017; hereinafter the same shall apply); the choice of imprisonment, respectively,

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 ( normal consideration of the fact that it is against the other party);

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