The defendant shall be innocent.

1. The summary of the facts charged is a person who runs a construction business under the trade name "C" located in Gangnam-gu Seoul Metropolitan Government B.

No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor.

Nevertheless, on July 24, 2012, the Defendant was awarded a subcontract for all of the construction works located in the unit D located in the Reinforcement-gun, and then re-subcontracted to F to F on the same day, thereby violating the regulations on restriction on re-subcontract by a sewage supplier.

2. Article 29(1) of the Framework Act on the Construction Industry shall not subcontract all of the contracted construction works or most of the major parts prescribed by Presidential Decree to another constructor;

Article 96 subparagraph 4 of the same Article provides that "A person who subcontracts in violation of the provisions of Article 29 (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won.

provide that “.....”

In doing so, Article 2 subparagraph 7 of the Framework Act on the Construction Industry refers to a person who engages in construction business upon registration, etc. under this Act or any other Act.

Article 96 subparag. 4 of the Framework Act on the Construction Industry and Article 29 subparag. 1 of the same Act are limited to cases where a constructor who has registered, etc. subcontracts to another constructor who has registered, etc. (see Supreme Court Decisions 2007Do972, Apr. 24, 2008; 2015Do11634, Apr. 12, 2016). According to the health care unit and evidence duly adopted and investigated by this court, the defendant was awarded a subcontract for construction work from E without registering the construction business to the competent administrative agency at the time of July 24, 2012 (the defendant was punished by a fine for non-registration of construction business as seen above). The defendant re-subcontracts the entire construction work to F.

Even if any, a constructor prescribed in the Framework Act on the Construction Industry.