A. On March 2016, the Defendant: (a) only supplied temporary materials to a resumed construction; and (b) did not employ workers and performed the said construction work.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of a fine of KRW 2 million sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mistake of facts, the construction work was interrupted on January 30, 2016 (Evidence Records 75, 98 pages), and the Defendant paid the equipment cost, labor cost, miscellaneous materials cost, etc. among the construction work of officetels that the F Co., Ltd. (hereinafter “F”) contracted by the F Co., Ltd. (hereinafter “F”) to the F Co., Ltd. (hereinafter “F”), by entering into a subcontract with the Defendant for construction work at KRW 915,00,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00,00,00).

Accordingly, according to the consultation between both the Gu and the Gu administration, only the temporary material part D shall be placed in the site, and all the remaining labor cost, equipment cost, etc. shall be filled in the construction work in good faith after consultation with the F.

In addition, the fact that the work costs, equipment costs, etc. of the D companies already executed were fixed and arranged in F minutes, and that the bill already paid in F is also settled and confirmed to be reflected in the re-contract (Evidence No. 16 of the evidence record), the instant worker decided to resume the work through a meeting on March 8, 2016 (Evidence No. 70,90 of the evidence record) by the Defendant, J, F representative Director B, and the persons related to Ebry, etc. (Evidence No. 70, 90 of the evidence record) was put into the construction site from March 10, 2016 to the construction site, and the worker H was paid directly from F in the trial.