Text
Defendant
A, B, and C shall be punished by a fine of KRW 8 million, KRW 5 million, KRW 5 million, and Defendant E shall be punished by a fine of KRW 6 million.
Reasons
Punishment of the crime
1. No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, perform construction works by using his/her name or trade name, and any construction works for constructing residential collective housing of which total floor area is not more than 661m2;
Nevertheless, on January 12, 2016, the Defendant lent relevant documents, such as a construction business registration certificate in the name of Jung-si General Construction Co., Ltd., which is necessary to report the commencement of construction, to the nameless winners, and filed a report on the commencement of construction in the name of Jung-si General Construction Co., Ltd. on January 12, 2016, and constructed multi-family housing with a total floor area of 658.1 square meters at the same place.
2. No person shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, execute construction works by using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be performed by the constructor;
Nevertheless, on September 23, 2015, the Defendant lent documents related to the construction business registration certificate, etc. in the name of Jung-si, Gyeonggi-si, and even though not the constructor, the Defendant reported the commencement of construction in the name of Jung-si, which is necessary to report the commencement of construction in the name of Jung-si, and constructed multi-family housing with the total floor area of 789.76 square meters in the same place.
3. No person who defendant C shall borrow a construction business registration certificate or construction business registration pocket book of another constructor, execute construction works by using his/her name or trade name, and any construction works for constructing residential buildings the total floor area of which exceeds 661 square meters shall be performed by the constructor;
Nevertheless, even if the Defendant is not a constructor in Gwangju-si in December 2015, the Defendant lent the relevant documents, such as the construction business registration certificate in the name of Jung-si General Construction Co., Ltd., which is necessary to report the commencement of the business.