건설산업기본법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) is that even if Article 21 of the Framework Act on the Construction Industry applies only to the name lending in the execution of construction works, the development activities in this case are expected to be "construction works" and thus they constitute the name lending for construction works. However, the court below acquitted the facts charged in this case. The court below erred by misapprehending the legal principles on the name lending under the Framework Act on the Construction Industry, which affected the conclusion
2. The facts charged and the judgment of the court below
A. Defendant A is a person operating Defendant B Co., Ltd. (hereinafter “B”), D is a relative with Defendant A and his relative, and D was willing to change its form and quality with permission to collect earth and stones in the name of Defendant B operated by Defendant A.
1) A constructor who violated the Framework Act on the Construction Industry of Defendant A may not allow another person to receive or perform construction works using his name or trade name. Nevertheless, around February 2, 2008, Defendant A, at the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the
B. The lower court determined that ① the instant development act permitted under the name of D was the act of changing the form and quality of land, the purpose of which is to collect soil and sand in farmland, and the relevant laws and subordinate statutes are the national land plan.