1. Defendant A shall be punished by imprisonment for six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2017 Highest 684"

1. Defendant A is a person who actually engages in construction business as the actual operator of E Co., Ltd. at the time of Jinju.

No constructor shall allow another person to contract or perform construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person.

Nevertheless, around April 18, 2016, the Defendant, using the trade name of C Co., Ltd., demanded supply of steel reinforced concrete works from G Co., Ltd. among the F new construction works in Gyeong-dong, Chungcheongnam-gun.

2. Defendant B

A. The Defendant violates the Framework Act on the Construction Industry is a person engaged in personal construction business.

No person shall contract or perform construction works by lending the name or trade name of another constructor or lend his/her construction business registration certificate or construction business registration pocket book to another constructor.

Nevertheless, around April 18, 2016, the Defendant borrowed the trade name of C Co., Ltd. from A to supply and demand steel reinforced concrete construction works from G Co., Ltd.

B. The Defendant violated the Labor Standards Act is an employer who runs a personal construction business using an employee at the neighboring construction site in the city of Jinnam-si.

1) From June 1, 2016 to July 30, 2016, the Defendant did not pay 7,4390,000 won, including H’s wage of KRW 4,140,00,000,000,00 for workers, as indicated in the crime list in attached Table 1, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2) From March 6, 2017 to April 28, 2017, the Defendant did not pay 5.28 million won, including the amount of wages of 3.54 million won and the amount of wages of 1.74 million won in the same L, who retired from the Defendant’s work at the site of “new construction works of J-owned Housing” located in the Gyeongcheon-gu Seoul Special Metropolitan City from March 6, 2017 to April 28, 2017, within 14 days from the date of retirement, without any agreement between the parties

3. The defendant C is the representative of the defendant.