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

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

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 using his/her name or trade name, and a residential apartment house with a total floor area of not more than 661m2 or a residential building with a total floor area of not more than 661m2 shall be constructed by a constructor.

Nevertheless, around November 2015, the Defendant: (a) borrowed relevant documents, such as a construction business registration certificate, etc. in the name of the general construction company in the name of the Gyeonggi-si, Gwangju-si, and (b) filed a report on commencement of construction; and (c) filed a report on commencement of construction on each of the following sites: (a) multi-family housing of the total floor area of 683 square meters (owner E); (b) the apartment housing of the total floor area of 683 square meters (owner E); (c) the apartment housing of the total floor area of 653.23 square meters (owner G); and (d) the apartment housing of the total area of 795.43 square meters (owner 1) on each parcel outside H and one parcel.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. Application of the business registration certificate, construction business registration certificate, construction business registration pocketbook, current status of construction works, and statutes;

1. Article 96 subparagraph 3 of the Framework Act on the Construction Industry and Article 21 (1) of the same Act concerning facts constituting an offense, and Article 96 subparagraph 5 of the same Act and Article 41 (1) 1 and 2 (a) of each Framework Act on the Construction Industry;

1. Selection of an alternative fine for punishment;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the name lending and frequency of execution of construction business registration for the sentencing of Article 334(1) of the provisional payment order, criminal records (no record of the same type of violation), criminal records of the defendant (no record of the same violation), balance of sentencing with cases in the same kind of case, Incheon District Court Decision 2016 High Court Decision 2016 High Court Decision 2032, Seoul Central District Court Decision 2016 High Court Decision 2868, supra, shall be