Defendant

A and B shall be punished by a fine of KRW 3,000,000, and by a fine of KRW 5,000,000, respectively.

Defendant

A. A.

Punishment of the crime

1. When Defendant A, a person operating D (ju), requested a new construction of a building by E, was unable to obtain the performance guarantee insurance policy that must be granted to E, the owner of the building in the name of the said D (ju), from the Seoul Guarantee Insurance, Defendant A loaned the said insurance policy under the name of C Co., Ltd. that can be issued, and paid KRW 10,000,000 in return.

Accordingly, around June 2013, the Defendant ordered the construction contract for a new building in the name of the said C Co., Ltd. from the above E to October 2013, the Defendant directly executed the said construction from that time.

Accordingly, the Defendant received and executed construction works using the name or trade name of C Co., Ltd.

2. Defendant B is the representative director of C Co., Ltd.

As described in paragraph (1) above, the Defendant had A perform construction works using the name or trade name of C Co., Ltd.

3. As described in paragraph (1) above, the Defendant Co., Ltd., as the representative director of the Defendant, contracted the above construction work using the trade name of the C Co., Ltd. as above, and had the C Co., Ltd perform the construction work using the trade name of the C Co., Ltd.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A complaint;

1. A contract statement, transfer certificate, peremptory notice, and a payment receipt for an insurance premium for performance guarantee insurance;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and B: Article 96 Subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry (Selection of Fines);

B. Defendant C corporation: Articles 98(2), 96 subparag. 3, and 21(1) of the Framework Act on the Construction Industry

2. Articles 70 and 69(2) of the Criminal Act (Defendant A and B) of the Criminal Act for detention in a workhouse.

3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.