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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
The defendant is the actual owner of the interest of the two buildings of each multi-household building located on the land B and C in each of each of each of each land in Pakistan-si.
1. No person who violates the prohibition from borrowing a construction business registration certificate, etc. shall perform construction works by using the name or trade name of another constructor or receive a lease of a construction business registration certificate or construction business registration pocket book;
On April 12, 2016, the Defendant paid 2 million won in cash to his/her name-free persons as a license fee for construction for new construction of multi-household housing located in B, and received a lease of a construction business registration certificate and a construction business registration pocket book from Company D, and filed a report on the commencement of construction on April 12, 2016, and used the company’s trade name to perform the new construction of multi-household housing.
2. Construction works concerning multi-family housing under the Building Act among residential buildings the total floor area of which is not more than 661m2 in a violation of restrictions imposed on a constructor of construction works shall be performed by the constructor;
A. Even if the Defendant is not a constructor, the Defendant constructed one residential building (multi-household housing) with a total floor area of 49.58 square meters in Pakistan-si from Apr. 2, 2016 to Dec. 2, 2016.
B. Even if the Defendant is not a constructor, the Defendant constructed one residential building (multi-household housing) with a total floor area of 495.78 square meters from the end of May, 2016 to the end of January 2017, in Pakistan-si.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes of the investigation report (including evidence attached thereto, 12, 13, 34, 34, each time);
1. Article 96 Subparag. 3 and Article 21(1)0 of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016); Article 96 Subparag. 5 and Article 41(1)2 (a) of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 4, 2017);
1. Selection of each alternative fine for punishment;
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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.