A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who constructed a multi-family housing with a total floor area of 540.32 square meters on the land of the land outside the wife population B and the two lots.

1. No person borrowing a construction business registration certificate, etc. shall contract or perform construction works by using another person's name or trade name or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, on December 2015, the Defendant borrowed a construction business registration certificate of C, a constructor, from a person arranging lending a construction business registration certificate at the construction site of the building at the construction site of the building, and performed the construction of the building by using the said company’s trade name.

2. The construction works of multi-family housing shall be performed by a constructor even if a residential building or a total floor area does not exceed 661m2, the total floor area of which exceeds 661m2;

Although the Defendant is not a constructor, he/she has lent a construction business registration certificate as described in paragraph (1) and reported construction commencement from January 4, 2016 to the same year.

5. Until November, 198, the construction of the above apartment was newly constructed.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Application of Acts and subordinate statutes, such as a report on commencement and construction registration;

1. Relevant Article of the Act concerning facts constituting a crime, subparagraph 3 of Article 96, Article 21 (1) of the Framework Act on the Construction Industry (a point of borrowing a registration certificate of construction business), Article 96 subparagraph 5, and Article 41 of the Framework Act on the Construction Industry (a point of violation of restrictions on a constructor of construction works), and selection of imprisonment for each sentence;

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. Although there was a record of having been punished twice for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing), the crime of this case is committed under the unfavorable circumstances, and the fact that there was no previous conviction exceeding the fine is recognized, and that there was no previous conviction exceeding the fine, shall be considered under favorable circumstances, and the scale of the construction and other defendants' age and gender are committed.