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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
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 construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be conducted by the constructor.
Nevertheless, around February 2016, the Defendant borrowed the relevant documents, such as a construction business registration certificate, etc. in the name of the general construction company in the name of the company in charge of filing a report on the commencement of construction, from among the land outside B and five lots outside Chungcheongnam-si, and even if it is not a constructor, the Defendant filed a report on the commencement of construction in the name of the company in charge of filing a report on the commencement of construction. On March 4, 2016, the Defendant filed a report on the commencement of construction in the name of the general construction company in the name of the company in charge of filing a report on the commencement of construction. On April 2016, the Defendant constructed two multi-family housing of the total area of 92.78 square meters in the same place
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning suspect examination of D;
1. Current status of construction reported for commencement in the name of the comprehensive construction, and each construction permit;
1. Business registration certificate, construction business registration certificate, and construction business registration pocketbook;
1. Application of statutes on site photographs;
1. Relevant Article 96 subparagraph 3 of the Framework Act on the Construction Industry for criminal facts, Article 21 (1) of the same Act, subparagraph 5 of Article 96 and Article 41 (1) of the Framework Act on the Construction Industry, the selection of fines for each type of fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The lending of the name of construction business registered for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order would disrupt the order of the construction business community and cause problems concerning defective construction and responsible matters, under the unfavorable circumstances against the defendant, the initial crime, confession, reflectivity, relationship between the defendant and the owner of the building, and the frequency of the crime in this case, etc., shall be considered as favorable to the defendant. However, the balance of sentencing with the same kind of case, the scale of the construction work, and the profits