Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is the owner of the actual interest who is the owner of the fourth-story living facilities located in Busan-gu, Seoul-si.

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, around June 2015, the Defendant paid 5 million won in cash to employees in the construction site of a new living facility in neighboring neighborhood, and leased C’s registration certificate of construction business.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy, etc. of the letter of transfer;

1. Application of statutes, such as a report on commencement;

1. Relevant Article of the Act and Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); selection of fines for criminal facts;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the defendant include the following: the defendant repents his mistake and reflects his depth, and there is no record of punishment exceeding the same kind and fine.

The lending of a construction business registration certificate may disturb the order of the construction business community, cause problems such as poor construction or safety accidents, etc., as well as may cause various legal disputes due to the difference between the actual contractor and the nominal owner, and accordingly there is a need to strictly punish social expenses, and the scale of construction works is small, etc. that are disadvantageous to the defendant.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.