Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be conducted by the constructor.

Nevertheless, on February 6, 2015, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of the Dispute Resolution Co., Ltd. necessary for reporting the commencement of construction, and filed a report on the commencement of construction in the name of the Dispute Resolution Co., Ltd. on February 6, 2015, and constructed multi-family housing with a total floor area of 853.93 square meters at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of an application for permission to alter the use;

1. A copy of the commencement report;

1. A copy of a standard contract for private construction works;

1. Application of each Act and subordinate statutes to a construction business registration certificate and a construction business registration pocketbook;

1. Punishment of a fine for a crime under subparagraph 3 of Article 96 of the Framework Act on the Construction Industry (a point of borrowing a certificate, etc. of construction business), Article 96 subparagraph 5 of Article 96 and Article 41 (1) 1 of the Framework Act on the Construction Industry (a point of violation of restrictions on constructors of construction works) and selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Under Article 334(1) of the Criminal Procedure Act, lending of the name of construction business for the reason of sentencing of Article 334(1) is highly harmful to society by impairing the order of the construction business community, causing problems such as defective execution, etc., considering the fact that the defendant executes the construction as the owner of the building, and the fact that the defendant has no previous conviction, etc. as the main sentencing factor, the sentence as set forth in the order shall be determined by taking into account the balance of sentencing with the same case