A. Small-scale construction, such as misunderstanding of facts in Songpa-gu Seoul Metropolitan Government and multi-household housing (urban residential housing) reconstruction works (hereinafter “instant reconstruction works”), is most cases where work is performed at the site office due to its characteristics.

The mere fact that C was responsible for the reconstruction construction of this case is difficult to see that Defendant A lent B corporation B (hereinafter “stock company”)’s construction business registration certificate to Defendant C, and the Defendants actually participated in the reconstruction construction of this case.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

B. The lower court’s punishment of unreasonable sentencing (a fine of KRW 30 million) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, it is reasonable to view that Defendant A lent the construction business registration certificate to Defendant A.

Therefore, we cannot accept this part of the Defendants’ assertion.

1) C acknowledged the violation of the Framework Act on the Construction Industry that it borrowed a construction business registration certificate, etc. in the original judgment. And as follows, C made a statement as a witness, from August 2017 to September 2017, it was the fact that C lent the trade name of Defendant A, a constructor, to perform the instant reconstruction construction work.

In return for the loan of construction business registration certificate, etc., the amount of KRW 150 million was set at KRW 150 million, and the defendant A agreed that the corporation head and the seal impression will be affixed and will not participate in the construction work.

After that, C paid approximately KRW 184 million to the personal passbook of Defendant A.

B. On August 7, 2017, C entered into a reconstruction project agreement with the Songpa-gu Seoul Metropolitan Government F, GIB, JBD, under the name of B.

Defendant A at the time.