Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[criminal power] On October 23, 2019, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution for violating the Labor Standards Act at the District Court of the Republic of Korea, and the judgment was finalized on May 28, 2020.

【Criminal Facts】

The defendant is the actual representative of construction business C Co., Ltd. located in Dongducheon-si B and 1st floor.

1. No one who has lent his/her trade name to another constructor shall receive a contract for or perform construction works by lending his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book;

Nevertheless, the Defendant was running a new construction project on July 30, 2018 in Yangju-si, and the Defendant suspended its business due to its failure to meet the standards for the registration of the construction business, the Defendant lent the name of the company from the Co., Ltd. and newly constructed construction project for two months.

2. On August 27, 2018, the Defendant violated the code of practice by subcontracting D new construction works to F, a construction business operator without registration, at a place where his/her address is unknown, at the same time and where the address is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The construction work ledger;

1. Detailed inquiry of each construction enterprise;

1. A contract agreement on reinforced concrete, a document on deposit transactions (F), and a copy of a bankbook;

1. Investigation report (Attachment of F suspect interrogation protocol), suspect interrogation protocol (F);

1. Previous convictions in judgment: Application of criminal records, inquiry records, and criminal defendant's statutory statement-related Acts and subordinate statutes;

1. Relevant provisions of the Framework Act on the Construction Industry for criminal facts and the applicable provisions of this case for the selection of punishment are the same before and after the amendment of Acts, so separate old Acts shall not apply;

(hereinafter the same shall apply) Subparagraph 2 of Article 95-2, Article 21(2) (the point of mutual loan borrowed from a constructor), Article 96 Subparag. 4, and Article 25(2) (the point of subcontract for a non-registered constructor), the selection of fines, respectively.

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.