A Imprisonment for 10 months, Defendant B, and D, respectively, shall be punished by imprisonment for one year, and Defendant C shall be punished by a fine of 5 million won.

[2013 Highest 727]

1. Defendant D Co., Ltd. is a corporation established for the purpose of construction business, etc. at the original city I, and the Defendant is a representative director of C and a person who actually operates the said company from November 30, 2006 to November 30, 2006.

No constructor shall allow another person to contract or execute construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person;

A. On November 2012, the Defendant ordered B to supply and execute construction works using the trade name of C, and the construction cost is settled after the completion of the construction work. B entered into an agreement for B to withdraw the construction cost deposited from the contractor with the deposit passbook in the name of C, while holding the deposit passbook in the name of C, and to use it for construction cost. Around that time, B received from the “K Co., Ltd.” to supply the civil construction work works in the name of C, and had B perform the construction work from around that time to December 2012, 2012.

B. Around February 18, 2013, the Defendant: (a) ordered B to use the trade name of C to supply and execute construction works; (b) B withdraws the construction cost deposited from the contractor while holding the passbook in the name of C Co., Ltd. during the construction period; and (c) where the construction cost is more than KRW 35 million, B shall bear the difference; and (d) where the construction cost is less than KRW 35 million, B shall acquire the difference; and (e) the additional tax shall be settled from the Defendant after the payment was made by B; and (c) around February 18, 2013, B shall be paid the balance after entering into an agreement with B to receive settlement from the Defendant; and (d) around March 20, 2013, B buried the oil storage tank two with the oil storage tank and received the construction cost of KRW 41 million (including additional taxes) in the name of C from that time to that time.