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The defendant shall be innocent.
Reasons
1. Around September 25, 2009, the Defendant was elected as the president of a cooperative of C Forestry Cooperatives and was in charge of C Forestry Cooperatives’ affairs. Around May 22, 2012, C Forestry Cooperatives ordered construction of a new building of the Forest Ecology Management Center building of the size of 501,053,000 won, which is the size of 504.29 square meters, on the ground of Gangwon National Forest Management Office.
A contractor shall subcontract the type of business corresponding to the details of construction to a registered constructor.
Nevertheless, around May 25, 2012, the Defendant received an amount equivalent to 11% of the construction cost (5,115,830 won) under the name of the C Forestry Cooperatives’ proceeds from the C Forestry Cooperatives’ Office located in Gangwon-do, and subcontracted the said new construction work to the F.
이로써 피고인은 토목건축공사업 등록을 한 건설업자가 아닌 사람에게 위 신축공사를 하도급하였다.
2. The facts charged of this case are crimes falling under Article 96 subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry, which require a contractor to subcontract to a constructor who has registered a type of business corresponding to the construction work, in violation of this provision, to be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. In the past, there was no penal provision on a violation of Article 25(2) of the same Act, but the Framework Act on the Construction Industry was amended by Act No. 10719, May 24, 201, and Article 25(2) of the same Act was newly established.
However, according to Article 1 of the Addenda of the above Act, the amended provisions of Article 96 subparagraph 4 of the above Act shall enter into force from the date one year has elapsed after its promulgation, and in order to punish the facts charged in this case pursuant to Article 96 subparagraph 4 and Article 25 (2) of the Framework Act on the Construction Industry, subcontracting activities of a contractor with a unregistered constructor shall be conducted after May 25, 2012.
Modern, the prosecutor submitted.