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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The Defendant, from October 2, 2013 to December 31, 2014, worked as a school juristic person C Administrative Secretary, and took overall charge of accounting affairs such as facility management such as construction contracts, personnel affairs, and expenditure.
Electrical construction shall be ordered separately from other types of construction works, and information and communications construction works shall be contracted separately from construction works under the Framework Act on the Construction Industry, electrical construction works under the Act, and other construction works.
Nevertheless, around January 27, 2014, the Defendant entered into a contract for “E” with the general affairs division office located in Seoul Special Metropolitan City D from January 27, 2014 to April 5, 2014, and from April 5, 2014 on the completion date; and from the total construction amount of 894 billion won, the Defendant entered into a contract for electrical construction (the construction amount of 83,51,613 won) and information and communications facilities (the construction amount of 16,052,465 won).
Accordingly, the defendant did not place an order for electrical construction separately from other types of construction works, and did not contract information and communications construction works separately from other construction works.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A written accusation;
1. Application of Acts and subordinate statutes to contracts (E Construction), lists of official categories, and specifications;
1. Subparagraph 4 of Article 43 of the Act on the Electrical Construction Business for the crime, Article 11 (1) (a violation of an order for separate installation) of the Act, subparagraph 4 of Article 76 of the Information and Communications Work Business Act, and Article 25 of the Act on the Construction Business for Information and Communications;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. A fine of two million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2006Do1488, Apr.