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Defendants are not guilty. The summary of the judgment against Defendant A is publicly announced.
Reasons
Defendant A of the facts charged is a constructor who is a practical operator of B, Defendant B is a corporation with the purpose of civil engineering and construction work, and F is a practical operator of G.
No constructor shall have another person receive a contract for or execute construction works by using his/her name or trade name, or become the other party thereto.
F around March 2012, 2012, upon introduction by the K of the K of the architect office, the F had the I factory construction corporation awarded orders, but G had no construction business license granted to the company that would lend the construction business license, which was conducted by the Defendant A, entered into a contract with the Defendant A to supply the construction work in the name of Defendant A and execute the construction work in the name of Defendant B and to pay the loan fee to Defendant A.
1. On April 17, 2012, Defendant A: (a) entered into a contract with F and I to have all profits other than them as “license lending expenses” in the name of Company B’s management expenses and public charges; (b) around April 17, 2012, the contract amount of KRW 3,148,200,000, which was paid from F and I under the name of Co., Ltd. B from Apr. 17, 2012; and (c) around April 23, 2012 from Apr. 23, 2012 to Nov. 30, 2012, the said F will use the name or trade name of the Co., Ltd.; and (d) paid approximately 5% of the contract amount to have them carry out construction works under the name of the said F and caused the said F to perform construction works by having another person do so.
2. Defendant B Co., Ltd., at the same date and time, and at a place as set forth in paragraph (1), Defendant A, an employee of the Defendant, had another person carry out construction works using his name or trade name with respect to the Defendant’s business as set forth in paragraph (1).
Judgment
The prosecutor bears the burden of proving the facts charged in the criminal trial.