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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.
1. No person shall perform construction works by lending the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;
Nevertheless, around March 2016, the Defendant borrowed 1.5 million won in cash and borrowed C's construction business registration certificate in the name of the corporation, while performing the construction work at the new site of Eunpyeong-gu Seoul Multi-Family Housing Construction Project.
2. A constructor shall perform construction works concerning the construction or substantial repair of a residential building with a total floor area exceeding 661 square meters, or a residential building with a total floor area not exceeding 661 square meters, which is a multi-family housing under the Building Act;
Nevertheless, the Defendant, other than a constructor, constructed multi-household houses (multi-family housing) with a total floor area of 695.06 square meters from March 2016 to March 2017 at the places indicated in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to an investigation report (including an application for a building permit and a report on the commencement of construction works), an investigation report (in the inside and outside statement, accompanied by a written opinion No. 2017-1236)
1. Relevant legal provisions concerning criminal facts, Article 96 Subparag. 3, Article 21(1) (a) (a point of borrowing a certificate of registration of construction business) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 Subparag. 5, and Article 41(1)1 (a) of the Framework Act on the Construction Industry (a point of violation of restrictions on a constructor of construction works) of the same Act; and the selection of fines, respectively;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides for the accused’s personal circumstance for sentencing, however, the same amount of fine as the summary order, taking into account all the factors of sentencing, including equity with sentencing cases in similar cases.