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Defendant
A, B, C, D, and H shall be punished by each fine of KRW 7 million, and the defendant E, F, and G shall be punished by each fine of KRW 5 million.
Reasons
Punishment of the crime
1. No defendant A constructor shall subcontract electrical construction works he/she has contracted to another constructor;
Nevertheless, the Defendant was awarded a contract for the construction work with the trade name “L” on the Gu K and 1 floor of Ansan-si, and the construction work was subcontracted on the condition that the Defendant would pay KRW 75% of the construction amount to H, who is operating the K in the Dispute Resolution Center (Contract Amount of KRW 47,854,00) on February 2, 2014, ordered by the Sung-nam City Accounting Division from February 2, 2014 to February 2, 2015, with the content of maintaining and repairing traffic signals, etc. in M.
Accordingly, the Defendant subcontracted the contracted electrical construction to other constructors.
2. No defendant B constructor shall subcontract electrical construction works he/she has contracted to another constructor;
그럼에도 피고인은 남양주시 P(201 호 )에서, ‘ ㈜Q’ 라는 상호로 전기공사업을 영위하면서, 2014. 2. 경 성남시 회계과에서 발주한 2014. 2.부터 2015. 2.까지 R의 교통 신호등을 유지 보수해 주는 내용의 ‘S 공사( 계약금액: 284,245,000원) ’를 낙찰 받아 도급 받았음에도, 2014. 2. 경 ㈜O 을 운영하는 H에게 위 공사 금액의 75%를 지급하는 조건으로 위 공사를 하도급 주었다.
Accordingly, the Defendant subcontracted the contracted electrical construction to other constructors.
3. No defendant C constructor shall subcontract electrical construction works he/she has contracted to another constructor;
Nevertheless, the Defendant, while running the electric construction business with the trade name "U" in Ansan-gu T and C Dong 3, was awarded a contract with "V construction contract amount (493,205,000 won)" to maintain and repair the traffic signal, etc. in M from February 2, 2015 to December 2, 2015, which was ordered by the accounts of Sung-nam-si around February 2015, the Defendant subcontracted the said construction project on the condition that he would pay 75% of the construction amount to H who operates the "OO" around March 2015.
Accordingly, the defendant was awarded a contract.