Defendant

A shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A is the actual owner of the building of neighboring living facilities, the total five stories in the Jung-gu Incheon Metropolitan City, and the defendant B is a certified architect who operates M in Nam-gu, Incheon Metropolitan City L, and was in charge of the design of the building at the request of the defendant A.

No person shall perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book.

Nevertheless, on July 11, 2014, Defendant B taken photographs of the name of N (RepresentativeO) corporation, which was kept in the office of his/her building office upon Defendant A’s request and sent it to Defendant A by means of a cell phone, and Defendant A sent it to Defendant A with the contact address indicated in the above name. Defendant A sent KRW 3 million to P’s account in cash as a cost of lending a construction business license by communicating with the name in the contact address, and borrowed Defendant B’s construction business registration certificate, etc., Defendant B received a lease of N’s construction business registration certificate, etc. from Defendant B around July 11, 2014, and completed construction works using the above company’s trade name.

As a result, Defendant A performed construction works using the name of the constructor upon lending the construction business registration certificate.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the examination of each police suspect against the defendant B orO;

1. Application of Acts and subordinate statutes attached thereto;

1. Relevant legal provisions and Articles 96 Subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Fines of not less than 50,000 won but not more than 30 million won;

2. Sentencing Criteria are set for a violation of the Framework Act on the Determination of Sentence;