Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of seven million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

1. No person who intends to execute construction works by borrowing a construction business registration certificate or construction business registration pocket book of another constructor or by using his/her name or trade name, and any construction works for constructing residential collective housing of which total floor area is not more than 661m2 shall be performed by a constructor;

Nevertheless, around January 5, 2016, the Defendant loaned the construction business registration certificate, etc. in the name of the Dispute Settlement Bank D, which is necessary to report the commencement of construction in the name of the company in charge of the settlement of disputes, to the person in charge of the name, and filed a report on the commencement of construction in the name of the company in charge of the settlement of disputes on January 5, 2016. In the same place, the Defendant constructed multi-family housing of 524.56 square meters in total floor area (E), 524.56 square meters in F, multi-family housing (G owner), and H with the apartment housing of 63.78 square meters in size.

2. No person shall carry out construction works by borrowing a construction business registration certificate or construction business registration pocket book of another constructor or by using his/her name or trade name, and any construction works for constructing any building other than residential buildings the total floor area of which exceeds 495 square meters shall be carried out by the constructor;

Nevertheless, around January 2016, the Defendant lent the relevant documents, such as a construction business registration certificate in the name of the Dispute Resolution Co., Ltd., which is necessary to report the commencement of the construction project, to the person in distress, and filed a report on the commencement of the construction project in the name of the Dispute Resolution Co., Ltd. on January 22, 2016, and constructed a Class 1 neighborhood living facility of the total floor area of 832.92 square meters in the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the protocol of interrogation of police officer with K;

1. Application of Acts and subordinate statutes on reports on commencement;

1. Relevant Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) (the occupation of borrowing a certificate of registration of construction business and a registration pocket book for construction business), Article 96 subparagraph 5 of the Framework Act on the Construction Industry and Article 41 (1) (the occupation of violating restrictions on construction work executor) concerning criminal facts;

1. Defendant A: Selection of imprisonment with prison labor ( Taking account of the fact that he/she has committed the same offense): Defendant B; Selection of a fine ( taken into account the initial offender);

1. Aggravation of concurrent crimes (defendants);