A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who has built a new loan in Gwangju City B.

No person shall receive a contract for or execute construction works by lending his/her name or trade name from a construction business operator or lend his/her construction business registration certificate or construction business registration pocket book.

Nevertheless, on September 2016, the Defendant paid 400,000,000 won to non-persons who are responsible for arranging construction business registration certificates, and received a lease of C Co., Ltd. registration certificate and construction business registration pocket book, and received a contract for or executed the construction of loan construction.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the details of dispositions related to the case);

1. Application of Acts and subordinate statutes to a report on commencement, standard contract for private construction works, construction business registration certificate, and construction business registration pocket book;

1. Relevant Article of the Act and Articles 96 subparagraph 3 and 21 (1) of the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 2017); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. is the case of violation of the administrative laws and regulations enacted to prevent serious risks to human life and property that may be caused by the defective construction works, etc. of unregistered constructors. The crime of this case is the case of an accident caused by defective construction, the risk of evading liability for repair of defects, and the omission of value-added tax, etc., which is a major crime of social and economic harm, such as the omission of value-added tax, although the defendant was clearly aware of the relevant laws and regulations of a person who has been engaged in construction business for a long time, he/she seems to have committed the crime of this case merely for economic interest, such as reduction of construction cost, although he/she was clearly aware of the relevant laws and regulations, and committed the crime of this case in the same case after six months.