Text
Defendant
A shall be punished by a fine of KRW 700,000,000,000,000,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is a representative director of B Co., Ltd. (hereinafter “Defendant B”), who was sentenced to a suspended sentence of one year for occupational breach of trust at the Gwangju District Court on January 24, 2017, on May 11, 2017, and the judgment became final and conclusive on May 11, 2017, and Defendant B is a company established for the purpose of soil construction business.
Defendant
B A around June 1, 2015, by F Co., Ltd. substantially operated by E, subcontracted the entire process of H’s steel reinforced concrete works, machinery and civil engineering works in Gwangju Northern-gu.
A contractor shall subcontract a construction work to a constructor who has registered the type of business corresponding to the details of the construction work, and a sewage contractor shall not, in principle, re-subcontract the subcontracted construction work to any third person.
Nevertheless, around July 13, 2015, Defendant A re-subcontracted the steel reinforced concrete construction work to J Co., Ltd. (K representative director and actual operator L), which was not registered in Defendant B’s office located in Gwangju-gu, Seo-gu.
Accordingly, Defendant A re-subcontracted to a constructor who did not register the subcontracted construction work by Defendant B, and Defendant B, a representative director, committed the above violation in relation to Defendant A’s business.
Summary of Evidence
1. Each legal statement by the Defendants (as at the third public trial date);
1. Statement made by the prosecutor with respect to L;
1. The standard subcontract agreement (basic and modified) for construction works, a modified subcontract agreement for construction works, and a contract for responsible execution;
1. Previous offense: Application of the Act and subordinate statutes to Defendant A’s legal statement, 1 copy of the Supreme Court Decision 2017Do2352, 2016 No. 2016, 4106, 1 copy of the Decision, 1 copy of the High Court Decision 2015 Go-Ma1209, 1 copy of the High Court Decision 2015 Go-Ma 1209, 1 copy of the Criminal Justice Information System (KICS);
1. Defendant A of this Act for criminal facts: Article 96 subparag. 4 and Article 25(2) of the Framework Act on the Construction Industry (a subcontract for a constructor without registration) and Articles 96 subparag. 4 and 29(3) of the Framework Act on the Construction Industry;