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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the owner of Seongbuk-gu Seoul apartment house B, and is the actual contractor.
1. No person 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;
On December 3, 2015, the Defendant: (a) lent KRW 1,000,000 in cash to the deceased and the deceased in name at the construction site; and (b) reported the commencement of the construction project to the Seongbuk-gu Seoul metropolitan office on December 3, 2015 by borrowing relevant documents, such as the construction registration certificate of the construction business of the large comprehensive construction necessary for reporting the commencement of the above multi-family housing; and (c) constructed the above multi-family housing from around that time to August 2016.
2. A registered constructor shall construct a residential building, the total floor area of which exceeds 661 square meters;
Even if the Defendant is not a registered constructor, the Defendant constructed the said apartment house with the total floor area of 839.81 square meters from December 3, 2015 to August 2016.
Summary of Evidence
1. The protocol concerning the interrogation of each police suspect against the accused and C;
1. Application of the commencement report, standard contract contracts for private construction works, construction business registration certificate, construction business registration pocket book, and construction outlined statutes;
1. Article 96 of the relevant Act on criminal facts, subparagraph 3 of Article 96 of the Framework Act on the Construction Industry Selection (a point where a certificate of registration for construction business has been leased, choice of fines) and Article 96 subparagraph 5 of the Framework Act on the Construction Industry and Article 41 (1) 1 of the same Act (a point where a contractor violates the restriction and choice 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;