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1. Defendant A shall be punished by imprisonment for six months.
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Defendant
A The representative director of the corporation B and the defendant corporation B are corporations with the purpose of civil engineering and construction work business.
1. Defendant A
(a) No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;
Nevertheless, on June 3, 2016, the Defendant, as the representative director of the Company B, subcontracted the dredging work from the Jeju Special Self-Governing Province Headquarters to F Co., Ltd. (G) on the following grounds: (a) after being awarded a contract for D dredging work in KRW 18,725,00 on the same day at the Jeju Special Self-Governing Province Headquarters, the Defendant settled the labor cost of KRW 1,500,000 and KRW 63,000 per ton of the cost of waste disposal; and (b) re-subcontracted it to F Co., Ltd. (G).
Accordingly, the Defendant subcontracted all of the contracted construction work to another constructor.
(b) No constructor shall subcontract all of contracted construction works, or most of the major parts prescribed by Presidential Decree to another constructor;
Nevertheless, the Defendant, as the representative director of the Company B on June 15, 2016, ordered H dredging work from the Jeju Special Self-Governing Province Heading Province on KRW 42,578,000, and subcontracted all of the dredging work contracted at the office of the Company B located in E at Jeju on June 21, 2016 to F Co., Ltd. (the representative director G) with the condition that “one hundred and fifty thousand won per day labor cost should be settled after the construction period expires, and the waste disposal cost should be treated directly by the corporate card of the Company B”.
Accordingly, the Defendant subcontracted all of the contracted construction work to another constructor.
2. Defendant B
A. On June 3, 2016, the Defendant: (a) at the B office located in Jeju-si, A, the representative director of the Defendant, is the Defendant’s business of the Defendant.