Defendant

A shall be punished by imprisonment for four months, by imprisonment for one year, and by a fine of five million won for Defendant C.

Punishment of the crime

1. No defendant A constructor shall allow any third person to contract or 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 to any third person;

Nevertheless, on July 22, 2015, the Defendant, as the representative director of C, had B receive and perform construction works using the trade name of C with respect to the new construction work of multi-family house of the fourth floor size located in G (a total floor area of 605.24 square meters, a building area of 154.6 square meters) of the fourth floor size in Chungcheongnam-si, Chungcheongnam-si.

2. Where a residential building with a total floor area of not more than 661m2 and its use corresponds to a multi-family house among detached houses under the Building Act, the relevant construction works shall be performed by the constructor, and no person shall receive a contract for or execute construction works by using the name or trade name of the constructor or lend a construction business registration certificate or construction business registration pocket book;

Although the Defendant was not holding a construction business license, the Defendant contracted construction works using the trade name of the Co., Ltd. for the multi-family house as stated in paragraph (1) around July 22, 2015 and executed construction works until January 30, 2016.

3. The Defendant, as described in paragraph 1, committed the act of violation as described in paragraph 1 in relation to the Defendant’s business by A, the representative director of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Part of the protocol concerning the interrogation of suspect of H by the prosecution;

1. Statement made by the police officer of I;

1. Each report on investigation;

1. Application of Acts and subordinate statutes, such as a copy of a report on the commencement of construction permission, a copy of a construction work contract, a copy of a construction registration certificate, a copy of a C opinion, a copy of C company’s location (organization map), and

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) of the same Act; Article 96 subparagraph 3 of the same Act and Article 21 (1) of the same Act; Article 96 subparagraph 2 of the Framework Act on the Construction Industry; Article 21 (1) of the same Act (loan of a registration certificate, etc. of construction business);