Defendants shall be punished by imprisonment for ten months.

However, for Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defendant A’s violation of the Framework Act on the Construction Industry changed the name of “F” to “F” around November 23, 2012, and Defendant A was the representative director of “E” (hereinafter “E”), and G was the owner of the building for the medical care center (the name of “J medical care center”) that was newly built in the Y in the Y in the Y in the Y in the Y in the Y in the Y in the YEE.

No constructor shall have another person perform construction works by using his/her name or trade name.

Nevertheless, around May 20, 2012, the Defendant: (a) met G in Yangsan-dong, Gwangju, the Defendant would receive usage fees equivalent to 5% of the construction cost from G in relation to the construction of the building for the care center; (b) G would directly purchase materials using the name of “E”; (c) employ site managers or other subcontractors; and (d) promised to pay construction cost under the responsibility and burden of G; and (c) prepare a standard form contract for construction works as if E ordinarily receives construction from G and executes construction works.

Accordingly, the Defendant, the constructor, had G, the building owner, perform construction works using E’s trade name.

2. Defendants A who attempted to commit fraud is the representative director of E and Defendant B is the management director of E, and Victim G was the owner of the building for the medical care center.

In fact, the Defendants leased the victim’s name on May 20, 2012 as stated in paragraph (1) and thus, did not have the right to claim the construction amount stated in the standard construction contract. After the conclusion of the construction contract, Defendant B found the construction site and introduced several construction business operators, and Defendant B paid 2.5 billion won in total to the construction business operator on behalf of the victim, and paid 2.5 billion won in total to the E account in the name of the victim, and there was no entry in the construction work and dispatched the site manager to the construction site.