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Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
However, the defendant A is subject to objection.
Reasons
Punishment of the crime
1. No person who commits a joint crime by the Defendants shall perform any construction work using the name or trade name of another constructor;
Nevertheless, on April 7, 2011, Defendant A awarded a blanket subcontract on the condition that he introduced “H Maintenance and Repair Work” awarded by Company G from I and performed approximately 65% of the total construction cost. Defendant B received a sub-subcontract from Defendant A and executed the work using the company G with the re-subcontracted it.
From that time to May 21, 2014, Defendants conspired to perform construction works using another person’s trade name at least three times as shown in attached Table 1.
2. Defendant A
A. While anyone is prohibited from executing construction works using the name or trade name of another constructor, the Defendant ordered a construction project by the Gangnam-gu Seoul Metropolitan Government Office on April 1, 201 and ordered “H Maintenance and Repair Work (Annual Unit Price)” awarded by J from I, and performed the construction project in the name of J as a whole on the condition that he/she performs approximately 70% of the total construction cost.
In addition, from that time until April 9, 2014, the Defendant performed construction works using another person’s trade name at least six times, as shown in attached Table 2.
B. Although a constructor is prohibited from having another person perform construction works using his/her name or trade name, the Defendant received the “K Maintenance Corporation annual unit price” ordered by the Gangseo-gu Seoul Metropolitan Government Office from Defendant L in the name of Defendant’s operation and awarded a contract in the name of Defendant’s operation, and given the first operating M a lump sum subcontract under the condition that he/she executes 65% of the total construction cost, and made the first perform construction works using his/her trade name.
3. Defendant B and local governments affiliated with Seoul Special Metropolitan City shall enhance the time-satis and night to indicate the surface such as the next color from 2010.