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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

1. No person who borrows a construction business registration certificate shall contract or execute construction works by borrowing the name or trade name of a constructor or lend a construction business registration certificate or construction business registration pocket book;

Nevertheless, on March 2017, the Defendant paid 8 million won to non-severed persons in the non-titled coffee shop in Songpa-gu Seoul, Songpa-gu, Seoul, for the construction work of multi-family housing with the total floor area of 1131.89 square meters from the beginning of April 2017, after lending the construction business registration certificate and the construction business registration pocket book to the company B on March 27, 2017.

2. Construction works for the construction or substantial repair of a residential building, the total floor area of which exceeds 661 square meters, shall be performed by the constructor;

Nevertheless, even though the Defendant is not a constructor, the Defendant performed the construction work of multi-family housing with the total floor area of 1131.89 square meters, as described in the above paragraph 1, to a first policeman on April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol (two times) concerning suspect examination of D;

1. Application of Acts and subordinate statutes to a copy of standard contract and a report on commencement;

1. Relevant Article of the Act on Criminal Facts, 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); Article 96 Subparag. 5 and Article 41(1)1 of the Framework Act on the Construction Industry; and selection of fines for each crime;

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. The amount of fine determined by the summary order, considering the sentencing conditions stated in the instant trial, in light of the following: (a) there is no record of criminal punishment against the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the scale of the construction work was considerable; (c) the risk of unregistered construction works; and (d) the harmful effects of the customary lending of the construction business registration certificate, etc.