Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Punishment of the crime

1. Defendant A is the actual representative of B Co., Ltd. in Kimhae-si C.

Any person who intends to conduct construction business shall register the national land with the Minister of Construction and Transportation by industry of construction business.

Nevertheless, the Defendant, without registering the land with the Minister of Construction and Transportation from March 2015 to July 201 of the same year, performed the construction business by obtaining a contract from the owner E to a new construction work of the second floor detached house (the total floor area of 198.94m2 and the construction cost of 210,000,000) from the owner E.

2. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of building construction business.

Defendant A, the actual representative director of Defendant A, without registering at the above date and place, carried on the construction business by performing the said new construction work.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Determination as to the Defendants’ assertion, such as the contract

1. According to Article 41(1) of the Framework Act on the Construction Industry of Construction Industry, in the case of a residential building with a total floor area of not more than 661m2, construction works may be carried out without registration of construction business. Since the total floor area of construction of a new house on criminal facts (hereinafter “instant construction”) is not less than 198.94m2, Defendants may carry out the instant construction without registration of construction business.

2. Determination

(a) Article 8 of the Framework Act on the Construction Industry (1) of the relevant Acts and subordinate statutes shall be classified into a business of performing general construction works and a business of performing specialized construction works;

(2) Matters on the specific types, scope of duties, etc. of construction business shall be prescribed by Presidential Decree.

Article 9 (Registration, etc. of Construction Business) (1) Any person who intends to conduct construction business shall register the land with the Minister of Construction and Transportation for each business type prescribed by Presidential Decree.

Provided, That where it is intended to engage in minor construction works prescribed by Presidential Decree, it shall not be registered.