A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Even if the total floor area exceeds 661m2, if a residential building or a total floor area does not exceed 661m2, the construction works shall be performed by the constructor if the purpose of use is multi-family housing under the Building Act; and no person shall receive a contract for or perform construction works using the name or trade name of the constructor or lend a construction business registration certificate or construction business registration pocket book.

On November 30, 2015, the Defendant did not hold a construction business license, but on the construction site of multi-family housing (total floor area of 730.73 square meters), which is a residential building B and one parcel of land outside Gyeonggi-si, Gyeonggi-si, the Defendant paid 2 million won in cash to the non-resident, and borrowed 2 million won in cash to the non-resident, and thereafter, he constructed it around that time, and paid a license fee to the non-resident by the same method six times in total as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Business registration certificate, construction industry registration certificate, and construction industry registration pocket book;

1. Details of commencement reports;

1. Application of a construction permit, a written report, and statutes on site;

1. Article 96 subparagraph 3 of the relevant Act and Article 21 (1) of the Framework Act on the Construction Industry for criminal facts, each of the choice of a punishment, and Articles 96 and 21 (1) (a point of borrowing a construction business registration certificate and a construction business registration pocketbook), Articles 96 subparagraph 5 and 41 of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016) (amended by Act No. 14015, Feb. 3, 2016;

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. Lending a name or title of construction business for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution shall not cause a significant social harm and injury by disrupting the order of the construction business community and causing problems as to defective execution and responsible matters;

In addition, the scale of the construction work of this case reaches KRW 2.5 billion.