The defendant is innocent. The summary of this judgment shall be notified publicly.

1. A constructor who operates a stock company B for the purpose of a new and renewable energy business, a machinery and equipment construction business, etc., and a contractor shall subcontract the type of business corresponding to the contents of the construction to a registered constructor;

On August 5, 2015, the Defendant participated in a bid of “E Corporation” in which companies which have completed the registration of mechanical facility construction business as announced by the D branch of C Corporation may participate, and received a successful bid in KRW 2,971,335,225 of the construction cost.

On August 8, 2016, the Defendant subcontracted the entire bid amount of the construction work to H, a corporation operating G, which did not register the construction business at the B office located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to KRW 2,624,60,000, which is about 88% of the successful bid amount.

2. Determination

A. In light of the following facts or circumstances acknowledged by the record, namely, B and G entered into a contract for the supply and service of heat products (hereinafter “instant contract”) on August 24, 2015; H was issued with a performance guarantee insurance policy of KRW 1.1 billion; the Defendant was issued with a performance guarantee insurance policy of KRW 1.1 billion issued by H; the Defendant was issued with a performance guarantee insurance policy of KRW 1.1 billion; the Defendant was registered as B’s employee around September 2015; and issued an electronic tax invoice in some name; etc., there is a strong doubt as to whether the Defendant did not provide a blanket subcontract for the instant construction project to G who did not register the construction business.

B. However, in full view of the following facts and circumstances acknowledged by the record, it is difficult to view that the Defendant, only by the evidence submitted by the Prosecutor, has subcontracted the instant construction to G in a lump sum without any reasonable doubt.

1. The Defendant entered into the instant contract with H, but H failed to obtain a performance guarantee insurance policy for the contract deposit of KRW 238.6 million as the contract deposit, and H intended to provide apartment units as security, but H failed to comply with the said performance guarantee policy.

(b).