A defendant shall be punished by imprisonment for six 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

No person shall borrow or lend a construction business registration certificate or a construction business registration pocketbook of another constructor, or borrow a construction work by performing the construction work using his/her name or trade name, and a residential building with a total floor area exceeding 661 square meters or multi-family housing with a total floor area exceeding 661 square meters shall be conducted by a constructor.

On December 3, 2016, the Defendant paid KRW 4,50,000 in cash to a person who has no name, under the pretext of lending a construction business registration certificate, and submitted a report on commencement of construction works (the replacement of a contractor) to the competent administrative agency as if C actually performed the construction work, as if C actually performed the relevant documents, such as a construction business registration certificate in the name of a stock company, a construction business registration pocketbook, etc. necessary for reporting the commencement of construction works for multi-family housing, and submitted a report on commencement of construction works (the replacement of a contractor) to the competent administrative agency. The Defendant offered three multi-family housing units of Gyeonggi-gun D (the building owner E, total floor area, 657.96 square meters), F (the building owner E,

Therefore, even though the defendant is not a constructor, he lent a construction business registration certificate to multi-family housing construction works.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (a copy of the protocol concerning the examination of suspect of the C representative I);

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to a report on commencement);

1. Relevant legal provisions of facts constituting a crime, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point of performing construction works under mutual use by another person), Article 96 subparagraph 5 of the Framework Act on the Construction Industry, and Article 41 of the Framework Act on the Construction Industry, and selection of imprisonment for each term;

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 (Consideration of confession, reflectivity, and circumstances, etc. that have served as a fine for the same kind of crime);

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