Defendants are innocent.

Defendant B is a constructor who has a certificate of registration for the construction business of steel reinforced concrete, and is the representative director of Limited Company D (former trade name: Limited Company E; hereinafter referred to as “D”), Defendant A is a representative director of F Co., Ltd. (hereinafter referred to as “F”), which carries on the construction business, and the constructor is prohibited from allowing another person to receive or perform construction works using his/her name or trade name or lending his/her construction business registration certificate or construction business registration pocket book.

1. As to G construction work ordered at Daejeon on October 25, 201 at Daejeon, Defendant B: (a) lent his steel-rein concrete construction business registration certificate or construction business registration pocket book to Defendant A without a license for the steel-reined concrete construction work; (b) had Defendant B use his name and trade name; and (c) from the H Co., Ltd. (A), the original contractor; (b) supply and demand and perform steel-reind concrete construction work among the above G construction work (2 construction sections);

2. Defendant A used the trade name of D as above, and provided supply and demand and constructed steel reinforced concrete construction business registration certificate or construction business registration pocket book by lending the steel reinforced concrete construction business registration certificate or construction business registration pocket book.

Judgment

In light of the legislative purport of the Framework Act on the Construction Industry for the purpose of promoting the proper execution of construction works and the sound development of the construction industry (hereinafter “Act”), and the relevant provisions of the Act, which stipulate strictly the criteria for license and registration of construction business to achieve this purpose, and which are essential and core to prevent a person who is not a licensed or registered constructor from engaging in construction business from engaging in construction business, the term “act of allowing another person to receive or perform construction works using his/her name or trade name” prohibited by Article 21 of the Act (hereinafter “title lending”) means “act of allowing another person to receive or perform construction works using his/her own name or trade name” and “act of allowing another person to use his/her trade name or name.”