A. The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment, although the misunderstanding of facts-based liability company I (hereinafter "I") directly performed the construction work of this case and the defendant did not have made a subcontract to A and made use of I's trade name.

B. Article 96 subparag. 3 of the Framework Act on the Construction Industry provides that a constructor who violates Article 21 of the same Act shall be punished, and Article 2 subparag. 7 of the same Act refers to a person who engages in construction business after registration, etc. under this Act or other Acts. Thus, the defendant is only the actual representative of I, and the defendant cannot be seen as a constructor under the same Act. Thus, the court below erred by misapprehending the legal principles that found him guilty of the facts charged in this case and thereby adversely affecting

C. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Determination of misunderstanding of Facts: (a) The legislative purport of the Framework Act on the Construction Industry for the purpose of facilitating the proper execution of construction works and the sound development of the construction industry; (b) in light of the relevant provisions of the above Act, which provide strict standards for the license and registration of construction business in order to achieve this objective, and which provide the essential and core contents that a person who has obtained a license or has registered cannot engage in construction business, shall not engage in construction business; and (c) “allowing another person to perform construction works by using his/her name or trade name” as prohibited by Article 21 of the above Act

means a case in which another person knowingly agrees to use his trade name or name for the purpose of executing a construction work while carrying out the construction work with qualification using his trade name or name.