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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a real operator B registered as a wholesaler or a construction business.

A person who intends to engage in construction business shall file for registration with the Minister of Land, Infrastructure and Transport.

Nevertheless, from June 2016 to November 30, 2016, the Defendant engaged in construction business without registration by accepting a subcontract for the part of construction work, such as removal of 'E' from Jeju to D from Jeju, with approximately KRW 2.8 billion.

Summary of Evidence

1. Partial statement of the witness F in the court;

1. A claim for damages;

1. The police statement concerning G;

1. Business registration certificate (B);

1. Investigation report (related to registration of B construction business);

1. A screen of the knowledge and information system of the construction industry;

1. A contract for the participation in construction [the defendant and his defense counsel are not awarded a subcontract for construction work from D, but only leased construction machinery to D and the role of posting its driver was limited to the act performed by D when D orders to perform the construction work, so the defendant does not actually engage in construction business. In full view of the evidence duly adopted and examined by this court and the following (1) through (4) as the contract between B and D was concluded on May 28, 2016 as the contract between B and D was concluded on the construction work including removal of "E", and the defendant and the defense counsel's assertion that the above contract was carried on construction business by removing the above construction work under the subcontract. Thus, the defendant and the defense counsel's assertion is rejected, since the criminal facts were sufficiently recognized. ① Although D had the form of "equipment leasing contract", D and B were kept in the form of "construction work", it is not a contract for the removal of construction work "E" but a contract for construction work.