A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Defendant

A is the contractor and the owner of the building of a residential facility (a shop, office, and multi-family house) with a size of five stories above ground and a total floor area of 794.69 square meters located in Dong-gu, Seoyang-si, Seoyang-si.

(a) Construction works concerning the construction or substantial repair of residential buildings with a total floor area exceeding 661 square meters, which are multi-family housing under the Building Act subject to the restriction on a constructor of construction works, shall be performed by the constructor;

Nevertheless, even though the Defendant is not a constructor registered with the Minister of Construction and Transportation of the Republic of Korea, the Defendant directly constructed construction works on living facilities (a shop, office, and multi-family house) with the total floor area of 794.69 square meters located in the Dong-gu, Seoyang-si, Seoyang-si, Seoul, Seoul, from January 17, 2017 to April 28, 2017.

(b) No person who lends a construction business registration certificate, etc. shall perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, the Defendant, while carrying out the new construction of the building as referred to in the preceding paragraph, was constructing the building as referred to in the preceding paragraph by leasing a construction registration certificate of “C Co., Ltd. (Report on the Commencement of Construction on January 17, 2017)” and a construction registration pocket book, etc. of “C Co., Ltd. (Report on the Commencement of Construction)” at around January 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Current status of C Commencement Report and application of Acts and subordinate statutes concerning reporting on commencement;

1. Relevant legal provisions concerning facts constituting a crime, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point of borrowing a registration certificate and a registration pocket book) and Article 21 of the same Act, subparagraph 5 of Article 96 and Article 41 of the Framework Act on the Construction Industry, and choice of imprisonment for each 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Each of the instant crimes leads to the social harm caused by the defective execution.