Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 3,000,000.

Defendant

A The above fine shall be imposed.

Punishment of the crime

1. Defendant A

(a) No constructor shall allow another person to perform construction works by using his/her name or trade name or lend his/her construction business registration certificate to another person, and no one shall become the other party;

Notwithstanding that the Defendant is not a constructor, around May 2015, the Defendant paid KRW 22.5 million to D, which is a brorder of a construction business registration certificate in Gangseo-gu Seoul Metropolitan Government, and was leased (ju) a mining development registration certificate, a construction business registration pocketbook, etc.

Accordingly, the Defendant borrowed a construction business registration certificate from the construction businessman.

(b) A constructor shall construct collective housing with a total floor area of not more than 661 square meters;

Notwithstanding that the Defendant is not a constructor, the Defendant constructed multi-family housing with the total floor area of 541.29 square meters in Gangseo-gu Seoul Metropolitan Government from June 2, 2015 to October 19, 2015.

2. A, the representative director of the defendant B, committed an act of violation as referred to in paragraph (1) with respect to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. The aggregate building register (C);

1. Application of all the documents submitted at the time of reporting the commencement, such as an application for permission for change of use for construction;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 Subparag. 3, Article 21(1) (a) of the Framework Act on the Construction Industry (a point of lending a construction business registration certificate), Article 96 Subparag. 5, and Article 41(1)2 (a) (a)) of the Framework Act on the Construction Industry, and selection of each fine;

(b) Defendant B: Articles 98(2), 96 subparag. 3, 21(1) (a) of the Framework Act on the Construction Industry; Articles 98(2), 96 subparag. 5, and 41(1)2(a) (a) of the Framework Act on the Construction Industry; Articles 98(2), 96 subparag. 5, and 41(1)2(a) of the Framework Act on the Construction Industry; the choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;