Defendants shall be punished by a fine of two million won.

Defendant

A shall be 50,000 won where he/she fails to pay the above fine.

Punishment of the crime

Defendant

A is the head of the external procurement team of the company B, and the defendant B is a corporation with the purpose of civil engineering and construction work business.

1. No defendant A constructor shall subcontract the whole of his contracted construction works or most of the major parts determined by the President to another constructor;

Nevertheless, on February 2, 2012, the Defendant subcontracted the entire “library Up Works” contracted by G University on January 16, 2012 to Scex Construction Co., Ltd. at the Seoul Branch Office in Mapo-gu Seoul, Seoul.

2. Defendant B, who is an employee of the Defendant, subcontracted the entire construction work contracted from G University to SP Construction Co., Ltd., as set out in paragraph (1) with respect to the Defendant’s work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of witness made to H, I and J;

1. A written accusation;

1. Copy of internal resolution documents related to the negotiated contract;

1. A copy of a contract for construction works;

1. A subcontract agreement and a contract statement of construction works;

1. Application of Acts and subordinate statutes to certified corporate register;

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(1) of the same Act;

(b) Defendant B: Articles 98(2), 96 subparag. 4, and 29(1) of the Framework Act on the Construction Industry

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

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