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Defendant
A shall be punished by a fine of KRW 5,000,000, and by a fine of KRW 2,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
No constructor shall have another person receive a contract for or perform construction works by using his/her name or trade name.
Defendant
A is an operator of the Dispute Resolution Co., Ltd., which has a comprehensive construction business license, and the non-party C is the representative director of the Dispute Resolution Co., Ltd., and C, on October 2016, as a result of the need to obtain a new construction business license from the early operator of the Dispute Resolution Co., Ltd. to pay the loan fee of KRW 30 million in the name of the defendant, and the defendant A accepted the above proposal.
On October 5, 2016, C prepared a "Standard Contract for Construction Works" in the name of the Dispute Resolution Co., Ltd. in H, which is equivalent to the construction cost of KRW 1,364,00,000, in the name of the Dispute Resolution Co., Ltd., which is located in H, and performed the construction project until early 2017, to reach approximately KRW 75% of the construction cost.
As a result, Defendant A had C receive and execute construction works using his trade name, and Defendant B had the user A perform the above act in relation to his business.
Summary of Evidence
1. Legal statement of a witness I;
1. Each statement of witness C, F, and J in the fourth trial record;
1. Statement of K witness in the fifth trial record;
1. The police suspect interrogation protocol of C and A;
1. The police statement concerning F;
1. A certificate of construction business registration, and registration pocketbook;
1. Each corporate register (E, a credit rating company D, and a credit rating company holding company);
1. Determination as to each contract agreement, transaction certificate, each subcontractor's confirmation, and each text message's assertion by the Defendants and defense counsel
1. The summary of the argument is that Defendant A did not lend the name of the Dispute Resolution Co., Ltd. to C, but Defendant B received the instant construction project stated in the facts of the crime (hereinafter referred to as “instant construction project”) from Defendant B, and Defendant B was in charge of the project management and field management on the condition that a certain amount of profit is guaranteed by the Dispute Resolution Co., Ltd.