Text
Defendant
A and C Co., Ltd. shall be punished by a fine of KRW 5 million, and each fine of KRW 7 million.
Reasons
Punishment of the crime
Defendant
A The representative director of the C Co., Ltd., the representative director of the D Co., Ltd., and C Co., Ltd. were established for the purpose of soil construction business in Gangwon-gun F, and D Co., Ltd is a corporation established for the purpose of steel bars, concrete construction business, etc. from the Gangnam-si G, the second floor.
No constructor shall have another person receive a contract for or execute construction works by using his/her name or trade name, or receive a contract for or execute construction works by using another person's name or trade name.
1. On July 3, 2015, Defendant A received H construction from the Gangnam Branch of the Korea Agricultural and Fishing Villages Corporation under the name of the C Co., Ltd., and around the 4th of the same month, Defendant A agreed to receive 27% of the construction cost from the said C Co., Ltd. office as the nominal rental fee, and made the said B perform the said construction work using the said trade name, thereby violating the Framework Act on the Construction Industry.
2. On July 4, 2015, Defendant B, at the above C office, agreed to the said H Corporation’s receipt of construction payment from the said C Corporation’s (the representative director of the said C Corporation), with respect to the said H Corporation’s receipt of payment from the said D Corporation, under the name of the lending fee, and violated the Framework Act on the Construction Industry by executing construction works using the said C’s trade name.
3. The Defendant Co., Ltd. lent the name of the Defendant Co., Ltd. as above to the Defendant’s representative director at the time and place specified in the above 1. Paragraph (1).
4. D Co., Ltd., at the time and place stated in the above paragraph 2. The Defendant borrowed the name of C Co., Ltd., which is the representative director of the Defendant.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement concerning I, J, K, and L;
1. A certified copy of each corporate registry;
1. Application of Acts and subordinate statutes to report internal investigation (attached data on current status of registration of construction business of M or D Co., Ltd.);
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;