However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

[2017 Highest 3785] No constructor shall subcontract all of the contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor.

Nevertheless, the Defendant, as the representative of the E Co., Ltd., ordered the “F Corporation” from the Incheon Office of Education on May 24, 2016, and subcontracted the said work to H Co., Ltd. to the E Co., Ltd.’s office located in Yeonsu-gu Incheon Office of Education on July 8, 2016, with the terms of “the contract amount of KRW 299,00,000,000, in advance, and a bill of KRW 150,000 with an advance payment, and the balance shall be paid in cash within two days after receiving the payment from the ordering person.”

Accordingly, the Defendant subcontracted all of the contracted construction work to another constructor.

[2017 Height 8830] No constructor shall allow another person to contract or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to another person.

Around July 6, 2016, the Defendant, as the representative of E Co., Ltd., ordered the “I” of KRW 266,029,000 of the construction cost from the Dongbu Education Support Agency of Incheon Metropolitan City, and submitted the completion system in the name of E (State) to the Dong Education Support Agency of Incheon Metropolitan City around August 9, 2016, with the construction cost of KRW 195,00,000 of the construction cost to K operated by K Co., Ltd. without a construction license at L offices located in the JJ of Seoul, around August 9, 2016. < Amended by Presidential Decree No. 27420, Aug. 20, 2016>

Accordingly, the defendant, as a constructor, had another person execute construction works using his trade name.

Summary of Evidence

[2017 Highest 3785]

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. A certified copy of the corporate registry (E);

1. Public announcement of successful bidding (emergency) (public announcement of the electronic bidding for facility construction works) and written agreement on construction works (the highest order of 8830);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to K;

1.N.