Defendant

A shall be punished by a fine of KRW 5,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Criminal facts

Some of the facts charged were corrected.

Defendant

A is the representative director of the corporation B, and the defendant corporation B is a corporation established for the purpose of reinforcing bars, concrete construction business, soil construction business, etc.

No contractor shall subcontract part of his contracted construction works to a constructor corresponding to the same category of business.

Provided, That this shall not apply where the ordering person gives his/her consent in writing as he/she deems it necessary to improve the quality of construction or the efficiency of a work.

1. On October 8, 2014, Defendant A awarded a contract for construction work of “D” on the ground of the Busan Northern-gu Seoul Northern-gu Seoul Northern-gu Seoul Northern-do, and subcontracted the said steel bars and concrete construction work to F, the registered entity of the same type of business on March 14, 2015, to F, the representative of E, the registered entity of the same type of business, for the said steel bars and concrete construction work at KRW 1.7 billion.

2. Defendant B, a representative director, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. The written request for cooperation (17 pages of investigation records), construction business registration certificate (20 pages of investigation records), work agreement of a participant in the construction project (25 pages of investigation records), public announcement of electronic bidding (29 pages of investigation records), contract performance report (36 pages of investigation records) attached to the written accusation;

1. Application of Acts and subordinate statutes on a contract for change of construction, cost contract, and certified copy of corporate registry;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 96 subparag. 4 and Article 29 subparag. 2 of the Framework Act on the Construction Industry (Selection of a punishment);

(b) Defendant B: the main sentence of Article 98 (2), Article 96 subparagraph 4, and Article 29 (2) of the Framework Act on the Construction Industry;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act