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Defendant
A A Fine of 5,00,000 won, Defendant B’s imprisonment for 10 months, Defendant C’s fine of 4,00,000 won, and Defendant D.
Reasons
Punishment of the crime
【Criminal Power】 Defendant A was sentenced to a suspended sentence of two years for one year and six months in the Incheon District Court on March 14, 2014; and the same year.
6.28. The sentence became final and conclusive.
【Criminal Facts】
1. Defendants B, C, and D are the actual operators of E Co., Ltd., a constructor conducting construction business after registering the construction business. Defendants C are the representative director of the said Co., Ltd., Defendant D are the auditors of the said Co., Ltd., and Defendants conspired to use the trade name of the said Co., Ltd. to supply construction work and to receive 4% of the construction cost.
No constructor shall allow another person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to another person.
Nevertheless, around July 4, 2012, the Defendants lent a construction business registration certificate to A from the K Office located in the Guro-gu Seoul Metropolitan Government J building 3527 to enter into a construction contract with K Co., Ltd. which is the owner of new E Co., Ltd. under the above E Co., Ltd. and let the above E Co., Ltd carry out the construction work.
2. Defendant A borrowed the registration certificate of construction business from Company B, C, and D at the same time and place as set forth in paragraph (1), and subsequently contracted and performed the “new construction work of Company E” from Company E in the name of the said Company E.
3. Defendant E is a corporation whose purpose is construction business.
At the same date and time as in paragraph (1), B, C, the representative director of the defendant, and auditor, who are the operator of the defendant, committed a violation as in paragraph (1) above.
Summary of Evidence
1. Defendant A’s legal statement
1. Each legal statement of the defendant B, C, and D
1. Legal statement of the witness L;
1. Partial statement of the witness M in court;
1. Defendants: