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Defendants are not guilty.
Reasons
1. Defendant A is the actual operator of Defendant Limited Partnership C (hereinafter “C”) representative interest, Defendant Limited Partnership D (hereinafter “D”) and Defendant B is the next specialized constructor.
Defendant
C A corporation that was established on December 12, 200 for the purpose of painting construction business, soil construction business, etc. and registered for painting construction business, and Defendant D is a corporation that was established on October 22, 2014 and registered for painting construction business on October 22, 2014.
No constructor shall have another person receive a contract for or execute any construction works by using his/her name or trade name, and the other person shall be prohibited from executing any construction works by using his/her name or trade name.
A. On March 18, 2014, Defendant A1 entered into a contract for a construction project with the purport of completing the construction cost of KRW 55,000,000 (the subsequent construction amount shall be reduced to KRW 54,720,000) by winning a contract under the name of “E Corporation” that was awarded an order by Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and the Defendant acquired approximately 37% of the construction cost by using the entire construction work in the name of “C” and acquiring approximately 37% of the construction cost by Defendant B, not by acquiring approximately 37% of the construction cost, in light of the evidence as seen thereafter.
(a) Each of the acquisition rates in paragraphs (2) through (4) is the same purport.
2) On April 14, 2014, the Defendant: (a) concluded a construction contract with the content that the construction cost should be completed by June 1, 2014 on the construction cost of KRW 73,262,00 (the amount of construction work after increase to KRW 77,590,000) awarded a successful tender under the name of “F Corporation”, which was ordered by the Jincheon-gun, Jincheon-gun, Chungcheongnam-do; and (b) concluded a construction contract with the content that the construction cost should be completed by June 1, 2014; (c) had the next-level specialized constructor B perform the construction work using the entire construction cost
3) The Defendant, on June 1, 2015, Chungcheongbuk-do.