Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

As long as the defendant is guilty of committing the following crimes, it shall not be separately determined on the violation of the Framework Act on the Construction Industry to which Article 96 subparag. 5 of the Framework Act on the Construction Industry and Article 41 subparag. 2 of the Framework Act on the Construction Industry are applied.

Although the Defendant, as the representative of C Co., Ltd., was not a constructor, the Defendant committed an offense regarding the company’s business by constructing multi-family housing with a total floor area of not more than 661m2 from August 7, 2015 to December 16, 2015, which is a residential building D in Suwon-si, Suwon-si, which is a residential building with a total floor area of not more than 661m2, directly,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. A protocol concerning the interrogation of the suspect against the defendant (one time);

1. Application of Acts and subordinate statutes to construction, interior design construction contracts, and certified copies of C-corporation registry;

1. Article 98 (2), subparagraph 5 of Article 96, and Article 41 (1) 2 (a) of the Framework Act on the Construction Industry for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion: (1) The Defendant did not perform construction works related to the construction of multi-family housing, but only performed on-site management by delegation from E, etc. who is the owner of construction; and (2) The Defendant did not intend to commit a violation of the construction industry since he obtained a building permit from the competent authority

2. Determination

(a) Construction works for a residential building of which the total floor area is not more than 661m2 and which falls under multi-family housing under the Building Act shall be performed by the constructor (Article 41(1)1 of the Framework Act on the Construction Industry), and construction works shall be performed by the constructor (Article 41(1)1 of the Framework Act on the Construction Industry); civil engineering works, construction works, industrial equipment works, landscaping works, environmental facility works, and other works for installation, maintenance, and repair of machinery, equipment, and other structures, regardless of their titles;