Defendant

A No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor.

Nevertheless, on May 25, 201, the Defendant was awarded a contract for KRW 135,543,00 for the E-C Confirmation Packing Corporation ordered by the Newanan-gun (hereinafter referred to as the “C Confirmation Packing Corporation”), and then awarded the contract at KRW 135,543,00

5. At the end of May, 201, the Defendant subcontracted to F Co., Ltd. a total amount of KRW 86,870,849.

B. Defendant B Co., Ltd.

A, the representative director of the defendant, at the same time and place as the above paragraph A.

As described in paragraph (1), all of the construction works contracted to the defendant's service was subcontracted to another constructor.

2. In light of the following circumstances acknowledged by the record, such as the witness G’s legal statement and the police statement of G, etc., (i) it was true that G performed the confirming packaging construction of this case by using human parts or equipment, etc.; (ii) Defendant A visited the scene several times in one month to 2 to 3 days; (iii) the management of funds, such as expenses, was directly carried out by Defendant A; and (iii) the management of funds, such as expenses, was also carried out by Defendant A; and (iv) the use of part of the materials, such as fry, etc., by using equipment or human parts leased through G, it is reasonable to determine that Defendant A carried out the confirmation packaging construction of this case by using the equipment or human parts leased through G; and there is no other evidence to acknowledge this differently.

3. Accordingly, the facts charged against the Defendants constitute a case where there is no proof of facts constituting a crime.