Defendants are not guilty.

1. Summary of the facts charged

A. Defendant A is the representative director of B, a constructor who runs a construction business after registering a reinforced concrete construction business.

A constructor shall not allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person, but the Defendant leased his/her construction business registration certificate or construction business registration pocket book to G on the site of “F new construction works” located in E in the prime City of Nowon-si, and the Defendant leased his/her construction business registration certificate to G on the site of “F new construction works” in B, which is the contractor of the construction works in the name of the said new construction

B. Defendant B is a corporation whose purpose is to engage in reinforced concrete construction business.

The defendant above A.

A, the representative director of the defendant, at the same time, and at the same place as in paragraph A, shall be the defendant's business.

As stated in the same paragraph, the violation was committed.

2. Determination

A. In light of the purpose of legislation of the Framework Act on the Construction Industry aiming at the proper execution of construction works and the sound development of the construction industry, and the relevant provisions of the Act aiming at the strict provision of the license and registration standards for construction business to achieve this purpose, and at the same time, where a person who has obtained a license or registered a construction business is unable to engage in construction business, it is reasonable to interpret the term “act of allowing another person to receive or execute construction works by using his/her name or trade name (hereinafter “title lending”) prohibited by Article 21 of the same Act as “act of allowing another person to receive or execute construction works by using his/her own name or trade name” as “act of allowing another person to receive or execute construction works by making another person use his/her trade name or name (hereinafter “title lending”), and thus, it is reasonable to interpret that another person has consented or understood