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Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of one million and five hundred thousand won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A is the representative director of D Co., Ltd. (former, E Co., Ltd.), and Defendant B is a person engaged in a construction-oriented company.
1. Defendants’ violation of the Framework Act on the Construction Industry
A. Although Defendant A had another person receive or perform construction works using his/her name or trade name or lent his/her construction business registration pocket book or construction business registration pocket book, the Defendant received 5% of the construction cost from Defendant B, and the said B received 5% of the construction cost from Defendant B, and had the said B receive the supply of and demand for civil construction works on the land outside the Gyeong-gun G and two lots of land located in Daegu-gu, Seogu, Daegu-gu, on April 12, 2012.
B. Although Defendant B was prohibited from receiving a contract for construction work by lending another person’s name or trade name, the Defendant leased D’s trade name from Defendant A at the time and place of the foregoing paragraph (a) and contracted the said civil construction work.
2. Defendant A’s embezzlement, as described in paragraph 1, agreed that the construction cost was transferred to the account in the name of H, the ordering person of the said construction, from H to the account in the name of D, and that the transfer was again made to the victim B.
On November 23, 2012, the Defendant received a remittance of KRW 20 million from the said H, and intended to remit the said money to the victim. However, on March 1, 2013, the Defendant issued and delivered a certificate of confirmation that he/she would immediately return the said money to the victim B, and embezzled the said money by arbitrarily consuming it for the payment of taxes under the said D, while he/she received a refund of KRW 14 million from the said Plaintiff on March 1, 2013.
Summary of Evidence
1. The defendant A's partial statement
1. Defendant B’s legal statement
1. Each legal statement of the witness J and K;
1. Partial statement of the witness L;
1. A certificate of borrowing;
1. Details of passbook transactions; and