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.

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, on November 4, 2015, the Defendant borrowed relevant documents, such as a construction business registration certificate, etc. in the name of the Dispute Settlement Bank C, which is necessary to report the commencement of construction from Gyeonggi-si, Gwangju-si, and even though not a constructor, the Defendant, around November 2015, filed a report on the commencement of construction in the name of the Dispute Settlement Bank C, and constructed one unit (D) of multi-family housing with a total floor area of 767.4m2 in the same place, and one unit (F) with a total floor area of 767.875m2 in E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Details of report on the commencement of construction project, registration certificate of the construction business partnership C, and other documents;

1. Application of Acts and subordinate statutes, such as the report on the commencement of construction (B), the building permit (B), the standard contract terms and conditions for private construction works (B), the report on the commencement of construction (E), the standard contract terms and conditions for private construction works (E), and the building permit (E);

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. Lending 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 to the defendant's disadvantage, the confession and reflectivity of the defendant, criminal records (no record of punishment except punishment for a crime committed on one occasion) and relationship between the owner and the defendant, and the frequency of the crime in this case shall be considered as circumstances favorable to the defendant, and the same kind shall be considered as circumstances favorable to the defendant.