Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Punishment of the crime

1. No defendant A constructor shall have another person receive a contract for or perform any construction works by using his/her name or trade name;

Nevertheless, the Defendant, as the president of the Plaintiff, operated the said company as the president of the Plaintiff Company B located in Suwon-si District D, was awarded a successful bid in the name of the Plaintiff Company B on April 19, 2013, and around that time, agreed to receive an amount equivalent to 15% of the construction cost from G operating the F Company as the nominal lending fee. Under the agreement, the Defendant, from April 25, 2013 to August 25, 2013, ordered G to perform the said construction work using the trade name of the Plaintiff at the construction site located in Y in Sipo-si, Sipo-si.

2. Defendant B, a corporation established for the purpose of the construction business of water supply and sewerage systems, etc., and A, a substantial representative of the Defendant, committed a violation as described in the above paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;

1. Statement made to I by the police;

1. Investigation report (Analysis of current status of construction works between 13 and 15), investigation report (suspect of violation of the Framework Act on the Construction Industry, etc.), investigation report (related to the analysis of documents related to construction works submitted to the Si/Gunpo-si);

1. Application of statutes governing certified copies of corporate registers;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 96 Subparag. 3 and Article 21(1) of the former Framework Act on the Construction Industry (Amended by Act No. 12580, May 14, 2014; hereinafter the same shall apply) (Selection of a penalty)

(b) Defendant B: Articles 98(2), 96 subparag. 3, and 21(1) of the Framework Act on the Construction Industry;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is recognized as erroneous, and the facts and circumstances leading up to the crime and the scale of the construction work are different.