A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a substantial contractor who has constructed multi-family housing (the total floor area of 506.8m) in Gangnam-gu Seoul Metropolitan Government B and C.

1. No person who violates the Framework Act on the Construction Industry from the mutual use of another constructor shall perform construction works by using his/her name or trade name;

Nevertheless, on June 21, 2013, the defendant issued 2.5 million won to D business employees in the above place under the name of a construction business license and constructed the above apartment house using the trade name of the above company.

2. Among residential buildings the total floor area of which violates the Framework Act on Construction Industry following the construction of multi-family housing by a person other than a constructor is not more than 661m2, the construction work of multi-family housing was conducted by the constructor, and the defendant constructed multi-family housing as described in the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a building permit, standard contract for private construction works, each judgment (related to D Co., Ltd.) and investigation report (examination as to whether it falls under multi-family housing in this case);

1. Relevant legal provisions and Articles 96 subparag. 3 and 21 of the former Framework Act on the Construction Industry (Amended by Act No. 12580, Nov. 15, 2014); Article 96 subparag. 5 and 41(1)2 (a) (a) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, Nov. 15, 2014; hereinafter the same shall apply); and each choice of imprisonment, with labor, for criminal facts;

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 62 (1) of the Criminal Act on the suspended execution;

1. Some of the circumstances that may be considered in the motive of the crime, such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is led to the confession of the crime, and the construction for his livelihood has been conducted without being registered as the constructor.