건설산업기본법위반
The prosecutor's appeal is dismissed.
1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);
A. The court below found the defendant not guilty of the facts charged in this case on the ground that the evidence submitted by the prosecutor alone that it is difficult to view that the defendant, the representative director of the corporation B, subcontracted the whole of regional heating and cooling facility works (hereinafter “instant construction works”) ordered by the D branch office of the corporation C to G without registration of construction business. In full view of the following circumstances and the need to prevent the behavior of excluding the legislative intent of the Framework Act on the Construction Industry, it is difficult to believe that the defendant merely employed He as an employee of the corporation operating G, and rather, it is reasonable to view that the contract was concluded between the defendant and G.
B. In other words, 1) A Co., Ltd. (hereinafter “B”).
around August 24, 2015, G Co., Ltd. (hereinafter referred to as “G”)
B) Around November 16, 2015, H made a statement that the Defendant had requested the Defendant to register as an employee in order to disguise the subcontract, and the Defendant, on September 4, 2015, sent text messages, “The time for the registration of an employee is to be seen as having performed the duties of self-determination and decision-making.” In fact, the Defendant sent text messages to H, “The time for the registration of an employee is to be seen as having performed the duties of self-determination” to “the time for the registration of an employee to be seen as having performed the duties of self-determination and decision-making.”
3) The Defendant not only received the performance guarantee insurance policy of KRW 1.1 billion from H, but also claimed insurance money based on the said securities around July 2016. 4) The Defendant stated that the sub-subcontractor P, who was aware of the fact that H had been awarded a subcontract for the instant construction, was in direct payment from B in the relevant case, and that the general subcontract also was made.