Defendant

A Imprisonment for six months, each of the defendants B and C shall be punished by a fine of five thousand won.

Defendant

B and C, respectively.

Punishment of the crime

1. Defendant A

(a) No person who violates the Framework Act on the Construction Industry on the lending of a construction business registration certificate, etc. shall perform construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book of another constructor;

Nevertheless, on February 20, 2017, the Defendant, in collusion with D, paid KRW 3 million in the name of lease fee via E, and received all relevant documents, such as the construction business registration certificate, construction business registration pocket book, etc. in the name of F Co., Ltd., and reported the commencement of construction of multi-family housing (hereinafter “instant construction”) in the name of the foregoing company on February 28, 201.

(b) Construction works on the construction or substantial repair of a residential building, the total floor area of which violates the Framework Act on the Construction Industry concerning the construction activities of a person other than a constructor exceeds 661m2 shall be performed by the constructor;

Despite the fact that the Defendant is not a constructor, from February 28, 2017, the Defendant performed construction works on the construction of multi-family housing with a total floor area of 1,274.96 square meters in Yangcheon-gu Seoul Metropolitan Government G, H, I, and J lots.

2. Joint criminal conduct by Defendant B and Defendant C

(a) No person who violates the Framework Act on the Construction Industry on the lending of a construction business registration certificate, etc. shall perform construction works by using the name or trade name of another constructor or lend a construction business registration certificate or construction business registration pocket book of another constructor;

Nevertheless, on March 2017, the Defendants conspired to pay KRW 3 million for rental fees through E at a non-permanent place, and received all relevant documents, such as construction business registration certificate in the name of F Co., Ltd. and construction business registration pocket book, and filed a report on the commencement of construction works in the name of E Co., Ltd. on the 23th of the same month.

B. A residence, the total floor area of which does not exceed 661m2 in violation of the Framework Act on the Construction Industry concerning the construction activities of a non-contractor.