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Defendant
A shall be punished by a fine of KRW 3 million, and the defendant B shall be punished by a fine of KRW 2 million.
Defendant
A above.
Reasons
Punishment of the crime
1. The defendant A is the representative director of the corporation B in Gangseo-gu Seoul Metropolitan Government, who is in charge of the above business.
No subcontractor shall further subcontract his subcontracted construction works to other persons.
Nevertheless, on April 30, 2013, the Defendant subcontracted the steel work to F among the new construction works of Pyeongtaek-si, the supply price of which is KRW 2,948,00,000,000, from the said company, at the Gyeong-si Office 11, the Defendant subcontracted the construction work to F from the said company. On July 31, 2013, the Defendant further subcontracted the construction work to F among the new construction works of Pyeongtaek-si and 11, the supply price of which is KRW 2,277,00,00,000 from the said company, at the Hacheon-si Office of the said company, the supply price of which is KRW 2,277,00,000,000 from the said company, and the construction work of the Kucheon-si, Hacheon-si, the Hacheon-si and the New Construction Work of the DaGyeong-si Logistics Center was subcontracted to F.30,000,000.
2. B The Defendant is a corporation established for the purpose of reinforced concrete construction business.
The defendant, who is the representative director of the defendant, re-subcontracted the subcontracted construction work to another person at the same time and place as paragraph (1).
Summary of Evidence
1. Each legal statement of witness I and F;
1. Each protocol of suspect interrogation of the defendant or F by some police officers;
1. Application of Acts and subordinate statutes to each construction subcontract agreement and each field execution agreement;
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29(3) of each Framework Act on the Construction Industry;
(b) Defendant B corporation: Articles 98(2), 96 subparag. 4, and 29(3) of the Framework Act on the Construction Industry
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
1. Detention at a workhouse;