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Defendants are not guilty.
Reasons
1. The summary of the facts charged is that Defendant A is the representative director of Sipo-si B, and Defendant B is a corporation established for the purpose of civil engineering and construction work, etc.; Defendant B is a corporation established for the purpose of its construction work; and the constructor is not entitled to subcontract the whole of his contracted construction work or most of the major parts as determined by the Presidential Decree to another constructor. Defendant A ordered “G construction” as ordered by Leecheon-si around December 28, 2005 to the total construction cost of KRW 8,215,630,000,000, around March 27, 2006 and subcontracted all of the contracted construction cost to H Co., Ltd. (the representative director I) to another constructor. A, the representative of Defendant B Co., Ltd., subcontracted all of his contracted construction work to the Defendant’s other constructor as above.
2. Determination
A. The Defendants asserted that: (a) from the beginning to the beginning, H Co., Ltd. (hereinafter “H”) did not obtain a license for the entire process; (b) the Defendants merely concluded a partial subcontract for the process held by H; and (c) there was no fact that they concluded a blanket subcontract with the Defendants.
B. The following facts are acknowledged according to the Defendant’s legal statement, each of the Defendant’s statements at the investigative agencies and courts of the I and J, a copy of the construction work subcontract agreement, and a copy of the subcontract term statement.
(1) Around December 28, 2005, the Defendant Company received a contract from Leecheon-si for the construction cost of KRW 8,215,630,000 for the “G Corporation” (hereinafter the “instant construction”). Around March 14, 2006, around KRW 1,450,273,00 for the sewage pipe part of the instant construction, and around March 14, 2006, the Defendant Company drafted a written contract under which the part of the instant construction works subcontracted KRW 647,141,00 for the portion of the construction of metal structure, KRW 600,94,850 for the earth section of the instant construction.
She I was drawn up between the J and the defendant corporation.