Text
Defendant
A, B, and D shall be punished by a fine of five million won.
Defendant
A, B, and D do not pay each of the above penalties.
Reasons
Punishment of the crime
1. Defendant A, Defendant B’s joint crime committed by Defendant A, and Defendant B are owners of multi-family housing located in two lots, including Seodaemun-gu Seoul, Seoul.
Construction works for constructing multi-family housing under the Building Act, the total floor area of which exceeds 661 square meters, shall be performed by constructors.
However, on July 20, 2015, Defendant A and B conspired to have D, other than the constructor, construct the apartment housing which is a residential building with the total floor area of 841.09 square meters in Seodaemun-gu Seoul and 2 lots.
2. Defendant D is a contractor of multi-family housing located in two lots outside Seodaemun-gu Seoul, Seodaemun-gu, Seoul.
(a) No person who violates the prohibition against lending a construction business registration certificate, etc. 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, on July 17, 2015, Defendant D, at a coffee shop where it is impossible to know the trade name in front of Eunpyeong-gu Office in Eunpyeong-gu, Seoul, on which Defendant D opened all the documents necessary for reporting the commencement of construction, such as the construction business registration certificate of H (State) I in the license lending hub, and transferred 42 million won to the account in the name of H (State) I as a consideration, after reporting the commencement of construction in the name of the said company on July 17, 2015, and performing the said construction work by using the said company’s trade name.
(b) Construction works concerning the construction of collective housing under the Building Act shall be performed by a constructor for a residential building, the total floor area of which exceeds 661 square meters, for a constructor’s violation of restrictions on construction works;
However, even if Defendant D is not a constructor, it was leased a construction business registration certificate as described in paragraph 2, and around July 20, 2015, Defendant D constructed a multi-family housing which is a residential building with the total floor area of 841.09 square meters, which is 841.09 square meters, located in Seodaemun-gu Seoul Metropolitan Government, and 2
Summary of Evidence
[Attachment to Defendants]
1. Documents related to the report on the commencement of construction, large-scale repair, permission for change of use (G and one parcel other than G);