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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Framework Act on the Construction Industry shall receive a supply of or execute construction works by lending his/her name or trade name from a constructor;
The Defendant, “B,” as a person operating a construction business under the trade name of “B,” was awarded a subcontract for the construction of JP loan on five parcels of Gyeonggi-gun E, F, G, H, H, and I on November 2017, and the Defendant required to be qualified for performing the construction work. On December 2017, the Defendant entered into a construction contract with “A” and “A” with “A” and “A” with “B will undertake the construction work in the form of subcontracting and subcontracting the entire construction work from “B” and, upon obtaining L’s consent, entered into a construction contract with L in the name of “A, D, and construction work contract with “A” and “A” with “A” from around January 2018 to June 2018.
Accordingly, the Defendant received a contract and executed construction works by lending the trade name of another constructor.
2. As described in paragraph (1) above, the Defendant was implementing the construction of a J-based pool on five parcels of land, such as Gyeonggi-gun E, F, G, H, and I, and the Defendant was paying KRW 835,00,000 from October 31, 2017 to April 17, 2018, and was paying KRW 835,00,000 as the construction cost from the victim C and D, and was able to pay the construction cost at once to the subcontractor who carried out the civil engineering work within the construction site of the said pool-based construction site. However, the Defendant was unable to pay the construction cost to the subcontractor at the construction site of the said pool-based construction site that the victims paid to the contractor at the construction site of the H-gun MU which the Defendant separately carried out the construction site, which led to the shortage of the construction cost to be paid to the subcontractor at the construction site of the said pool-based construction site.