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Defendants are not guilty.
Reasons
1. The facts charged in this case
(a) A constructor registered pursuant to the Framework Act, etc. on the Construction Industry shall perform the construction of a residential building with a total floor area exceeding 661 square meters, a multi-family house and detached house under the Building Act, and a residential building with a total floor area exceeding 495 square meters, among residential buildings with a total floor area not exceeding 661 square meters;
Nevertheless, even if the Defendants are not "contractors registered under the Framework Act on the Construction Industry", the Defendants leased the construction business registration certificate of E Co., Ltd. and constructed the buildings as if they were constructed by E Co., Ltd. as if they were construction operators.
(1) Notwithstanding that Defendant A is not a constructor, when the Defendant, on April 21, 2016, constructed a multi-family housing of five stories above the total floor area of 656.98 square meters (eight household units) with the total floor area of 656.98 square meters, the main owner of the building, Defendant A reported the commencement of construction as if he/she was a construction business entity E and completed the lease, and constructed a multi-family housing of four stories above the ground.
(2) Notwithstanding that Defendants B and C were not a constructor, around May 26, 2016, Defendants conspired with each other, and completed the construction of a multi-unit housing with the total floor area of 996.71m2 (household 24 households) above the total floor area of 996.71m2 (household 24 households) where the Defendants and C are the main building owner, and completed the construction of a multi-unit housing with the nine-story above the ground as if they were constructed by E Co., Ltd.
2. No person who violates the national technical qualification law (defendant A) shall lend or lend his/her national technical qualification certificate to any other person, or arrange the lending;
Nevertheless, on May 26, 2016, the defendant's qualification certificate as a national technical qualification witness in the name of the defendant at the Buddhist area Seoul around May 26, 201.