Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. No constructor shall subcontract electrical construction works he/she has contracted to another constructor;

Nevertheless, the Defendant awarded a contract for the maintenance and repair of street lamps (contract amount: KRW 180,00,000) awarded in 2015, which was ordered by the Sungnam-si Office after engaging in electrical construction business with the trade name “C” in Sungnam-si, Sungnam-si, and 204, on January 2015, the Defendant subcontracted the said construction under the condition that he would pay 73% of the said construction amount to E running a stock company around February 2015.

Accordingly, the Defendant subcontracted the contracted electrical construction to other constructors.

2. No person shall lend or use a career pocketbook of another electrical construction engineer;

Nevertheless, the Defendant paid KRW 5,00,000 in cash to F as an electrical construction technician at a minor place in 2014 and registered F as an agent at the construction site in F’s name by using the above career pocket book in F’s name.

Accordingly, the defendant lent and used another electrical construction engineer's career pocketbook.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. A copy of each certificate of registration for electrical construction business (D or C);

1. A copy of an on-site agent appointment;

1. Application of Acts and subordinate statutes to investigation reports (to attach a detailed statement of account in the name of C stock company that has paid the lower-level payment) and a detailed statement of transactions from entry and departure;

1. Relevant legal provisions and subparagraph 4 of Article 42 of the Act on the crime-related selective electrical construction business, the main sentence of Article 14 (1) (the fact that the contracted electrical construction is subcontracted to other construction business operators, the selection of fines), Article 42 subparagraph 5 of the Act on the Electrical Construction Business, and Articles 18-2 (the fact that the electrical construction business operator lends his/her career pocketbook and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.