Defendants shall be punished by imprisonment for four months.

However, the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

B On April 24, 2013, the Suwon District Court sentenced 10 months of imprisonment for fraud and 2 years of suspended execution, which became final and conclusive on May 2, 2013.

Defendant

On September 25, 2014, A was sentenced to six months of imprisonment with prison labor for embezzlement and two years of suspended execution at the Suwon District Court on September 25, 2014 and the above judgment became final and conclusive on October 3, 2014.

Defendant

B is a director of the Corporation F (hereinafter referred to as the “F”) who was awarded a contract with D for the D Gwangju Factory Construction Corporation (hereinafter referred to as the “instant construction”) in Gwangju City ordered by D (hereinafter referred to as “D”), and the Defendant A is a field manager at the construction site of this case.

No constructor shall subcontract most of the whole or part of his contracted construction works to another constructor.

Nevertheless, around November 21, 2011, the Defendants introduced the representative I of H (hereinafter “H”) to Defendant B as the subcontractor for the instant construction work. Defendant B entered into a subcontract with H at KRW 1.1 billion for the instant construction work that the F had contracted with H with H in terms of the construction cost of KRW 1.4 billion. Defendant A jointly and severally guaranteed the said subcontract and had H perform the instant construction work at the D factory construction site in Gwangju-si.

As a result, the Defendants conspired to subcontract most of the major parts except the subordinate construction required for the execution of the contracted factory construction work to another constructor.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of the witness A, J and I;

1. A copy of the standard contract for construction works;

1. Previous records: Inquiries into inquiries, investigation reports (report attached to the B judgment), information and inquiry into summary records of the case, and application of each statute of the judgment;

1. Article 96 Subparag. 4 of the Framework Act on the Construction Industry and Article 29(1) of the Criminal Act, and Article 30 of the Criminal Act.