건설산업기본법위반
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. As to the instant crime, the act of a constructor’s act of lending a trade name to another person and doing construction work may cause serious threat to the lives and safety of citizens as an defective construction work by a qualified person. Therefore, it needs to be strict in that it may seriously threaten the lives and safety of citizens.
The construction period of this case exceeded four months, and the scale of the construction was not small.
However, in full view of the following facts: (a) the Defendant recognized his mistake and reflects all the Defendant’s mistake; (b) the Defendant did not have the same power; (c) the Defendant appears to have no risk of recommitting a crime by reporting a page business; and (d) other various sentencing conditions specified in the records of the instant case, such as the Defendant’s age, sex, environment, circumstances after the commission of the crime, etc., the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.