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1. Defendant A
A. Defendant shall be punished by a fine of KRW 5,000,000.
B. The defendant does not pay the above fine.
Reasons
Punishment of the crime
Defendant
A Person who is engaged in construction business, Defendant B is the managing director of Company C, and Defendant C is a constructor who has registered engineering work business, water supply and drainage work business, and reinforced concrete work business as a corporation established for the purpose of engineering work business, water supply and drainage work business, reinforced concrete work business, etc.
No constructor shall have another person receive a contract for or execute any construction works by using his name or trade name, and the other party shall not execute any construction works by using the name or trade name of the constructor from the constructor.
Nevertheless,
1. On June 2010, Defendant A and Defendant B entered into a subcontract construction contract with KRW 1.332 billion in the name of Company G and H apartment construction work in the name of Company C and H apartment construction work in the G site office of Company C, which are the senior executive director and actual managers of Company C, and entered into the said incidental civil construction work contract from that time until December 21, 2010, from the time on which they entered into the subcontract construction contract with KRW 1.333 billion in the name of Company C and H apartment construction work in the name of Company G and H apartment construction work.
As a result, Defendant B had Defendant A perform the incidental civil engineering works among H apartment construction works using the trade name of Company C, and Defendant A performed the said incidental civil engineering works in the above manner.
2. Defendant C, a de facto manager, had another person receive or execute construction works using his name or trade name with respect to the Defendant’s business.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of each prosecutor's protocol of interrogation of Defendant A and B to the prosecution
1. Relevant Article - Defendant A and B of the Criminal Act