전기공사업법위반
1. Defendant A and C shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 2 million.
2. The defendant.
Punishment of the crime
1. Defendant A is the representative director of the Company B.
No constructor shall subcontract his contracted electrical construction to another constructor.
Nevertheless, around November 2016, Defendant A subcontracted “E” contracted for KRW 1,120,380,000 from D to C.
2. Defendant B Co., Ltd. did not exercise due diligence and supervision in connection with the Defendant’s business, and thus, Defendant B, the representative of the Defendant, committed the same offense as that of the preceding paragraph.
3. No defendant C shall receive a subcontract for a contracted electrical construction from another constructor;
Nevertheless, around November 2016, Defendant C subcontracted the “E” that Defendant B Company contracted for KRW 1,120,380,000 from D to Defendant B Company.
As a result, Defendant C was awarded a subcontract for a contracted electrical construction by another constructor.
Summary of Evidence
1. Defendants’ respective legal statements (the fifth public trial)
1. Each prosecutor's office protocol against the Defendants (No. 311, 317)
1. Each investigation report (attached to a detailed statement of accounts for construction payments, 324);
1. Application of Acts and subordinate statutes to each detailed statement of deposit transactions (report attached to the statement of confirmation of transfer/account transactions, confirmation of the fact of lending a certificate of electric technical qualification, details of account transactions, contract documents for a company cooperating with power distribution construction, actual inspection table of the management of power distribution construction, settlement of construction
1. Article 42 of the Electrical Construction Business Act and the main sentence of Article 14 (1) concerning the relevant criminal facts and the selective punishment;
1. Defendant A and C in the custody of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act