A. Defendant C Co., Ltd. (hereinafter referred to as “Defendant C Co., Ltd.”) has employed Defendant A as a national technical qualification recipient and had Defendant A provide labor and paid the equivalent price, and Defendant B, a representative director, has not borrowed the certificate of qualification as stated in the judgment below, and Defendant A has no fact of lending the certificate of qualification to Defendant B, and the judgment of the court below which found Defendant A guilty is erroneous in the misapprehension of the legal principles.

B. Although Defendant B is the representative director externally representing the Defendant Company, Defendant B was directly involved in the process of borrowing the qualification certificate from Defendant A, Defendant B was the former secretary of the Defendant Company, and Defendant B was not involved in the process, but only received oral reports ex post facto.

Nevertheless, the judgment of the court below which held Defendant B as the actual actor who borrowed the qualification certificate as stated in the judgment of the court below is erroneous in the misapprehension of legal principles.

C. The court below's decision on unfair sentencing (the fine of 1.5 million won per 1.5 million won) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the lower court and the first instance court and the following facts and circumstances acknowledged by the evidence, namely, ① the Defendants had a total of six national technical qualification holders and had already met the conditions necessary for the registration standard under the Framework Act on the Construction Industry, and there was no reason to borrow the Defendant A’s national technical qualification certificate (construction certificate) from the Defendant Company’s side. However, as it is necessary for the construction engineer to perform his duties whenever necessary, the Defendant Company’s annual wage of 2.5 million won through F by employing the Defendant as a one-year national technical qualification holder and using F.