Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

[criminal power] On May 2, 2019, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended sentence for a violation of the Labor Standards Act in the Gwangju District Court’s Netcheon Branch, and the said judgment became final and conclusive on June 30, 2020. On August 20, 2020, the same court was sentenced to one year and six months of imprisonment with prison labor and three years of suspended sentence for a violation of the Road Traffic Act, and the said judgment became final and conclusive on August 28, 2020.

【Criminal Facts】

The fixed-line is the representative of the C Co., Ltd. in the High interest Group B, and the defendant is a constructor who has no construction business registration certificate.

No person shall contract or perform construction works by lending the name or trade name of a constructor or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, around January 20, 2018, the Defendant paid D the amount equivalent to 5% of the contract deposit for construction to D as a rental fee at a place where the specific place is unknown, and borrowed the construction business registration certificate of the said C Co., Ltd.

Summary of Evidence

1. Criminal records as stated in the suspect interrogation protocol, construction business registration certificate, business registration certificate (C) and subcontract agreement (EF telephone conversations) on the accused's preparation of the police statement at the police station: The results of inquiry, such as criminal records, etc., and the application of each statute of the judgment;

1. Article 95-2 of the Framework Act on the Construction Industry (Amended by Act No. 16415, Apr. 30, 2019) and Articles 21 (2) of the former Framework Act on the Construction Industry (Amended by Act No. 16415, Apr. 30, 2019);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order acknowledged the Defendant to commit the instant crime. However, the instant case is that the Defendant carried out reinforced concrete construction by lending a construction business registration certificate from C, and the purpose of the Framework Act on the Construction Industry is to prevent the fraudulent construction by disqualified persons or the risk of safety accidents and to promote the appropriate execution of construction works