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

The Defendant is the owner of a building with the total floor area of 489.7 square meters located in the Nam-gu, Incheon.

1. No person who violates prohibition against lending a construction business registration certificate shall receive a contract for or perform construction works by using the name or trade name of a constructor or lend a construction business registration certificate;

On September 16, 2015, the Defendant paid KRW 3 million to a person who was named in the name of the first executive officer at the construction site of the first executive officer, and leased the construction business registration certificate to C, and reported the commencement of construction to the said company as the contractor of the construction project around September 16, 2015.

2. Construction works of a public announcement institute shall be performed by a constructor for any building, other than residential buildings, the total floor area of which does not exceed 495 square meters in violation of restrictions on construction contractors

The Defendant, at the construction site of September 2015, built the above Gowon even if he was not a construction contractor.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the commencement report, a copy of contract, a copy of the construction business registration certificate, a copy of the construction business registration pocketbook, or a copy of building permission;

1. Application of a copy of written opinion (40 pages of investigation records), a copy of a list of crimes;

1. Relevant legal provisions and Articles 96 subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 14708, Mar. 21, 2017); Article 96 subparag. 5 and 41(1)4 of the former Framework Act on the Construction Industry (Amended by Act No. 14015, Feb. 3, 2016); the selection of fines for criminal facts, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order requires strict measures against practices in which the lending of a construction business registration certificate is made openly. Since construction of a building by obtaining a registration certificate of construction business can cause fraudulent construction by an unqualified person and resulting risks therefrom, it is necessary to strictly cope with such practices.

Defendant.