Defendants are not guilty.

1. Summary of the facts charged

(a) Defendant A [2014 high-level 198] is the representative director of D Co., Ltd. (formerly changed trade name B Co., Ltd.), and the constructor shall not have another person receive a supply of or execute construction works using his/her name or trade name.

Nevertheless, the Defendant, at the F Office located in Pyeongtaek-si around May 2, 2011, leased the construction business registration certificate (construction registration number: 01-1848) of D D D D D D DD to G and H, subject to the condition that G and H receive KRW 5,280,000,000 equivalent to 4% of the total construction cost in relation to the construction of the construction of Pyeongtaek-si factory of F Co., Ltd. in relation to the construction of the construction of Pyeongtaek-si factory, and had the said G and H complete the construction by obtaining a construction permission of the construction business registration certificate (construction registration number: 01-1848) from the head of Pyeongtaek-do, Gyeonggi-do from May 17, 2011 to November 17, 2011.

Accordingly, the defendant had the above G and H perform the construction work using the trade name of the D corporation.

B. Defendant B Co., Ltd. [2014 high-level 501] Defendant [D Co., Ltd.] was a corporation established for the purpose of building construction business, etc., and the representative director of Defendant A, a corporation, used the said G and H’s trade name in relation to the Defendant’s business, thereby having the said F perform construction work of Pyeongtaek factory.

2. Determination

A. The legislative intent of the Framework Act on the Construction Industry for the purpose of promoting the proper execution of construction works and the sound development of the construction industry (hereinafter “the instant Act”) and the strict standards for license and registration of construction business in order to achieve such purpose, and the relevant provisions of the instant Act, the intrinsic and core content of which is to prevent a person, other than a licensed or registered constructor, from engaging in construction business.