Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Any residential building, the total floor area of which exceeds 661 square meters, or any residential building, the total floor area of which does not exceed 661 square meters, for which is an apartment building under the Building Act shall be built by the constructor;

On April 29, 2013, the Defendant constructed a building that is classified as multi-family housing with the main use of size of 342.84 square meters of the B total floor area of Dobong-gu Seoul Metropolitan Government around April 29, 2013.

2. No person who lends a construction business registration certificate, etc. shall 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;

Nevertheless, on April 22, 2013, the Defendant paid KRW 1,00,00 in cash to C, borrowed a construction business registration certificate, and received the commencement report from Dobong-gu Office on April 22, 2013, and used C’s trade name to obtain permission for commencement, thereby constructing the buildings identical with the above “1”.

Summary of Evidence

1. Statement by the defendant in court;

1. Data on response to the Dobong-gu Office (a report on commencement of construction and contract) and a criminal investigation report (Attachment to the text of the judgment);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 96 Subparag. 5 and Article 41 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014; hereinafter the same shall apply), Article 96 Subparag. 3 and Article 21 of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 201; hereinafter the same shall apply), the selection of fines for criminal facts;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the accused recognizes all the criminal facts of this case and reflects his mistake; (b) currently appears not to be engaged in construction business; and (c) the primary offender who has no record of criminal punishment, etc. are favorable to the accused.