A. The facts charged in the instant case are "one criminal act" that the Defendant committed an act of determining unfair subcontract consideration in violation of Articles 30 (1) and 4 (1) of the Fair Transactions in Subcontracting Act, and Article 4 (2) of the same Act merely provides that the act of determining unfair subcontract consideration shall be deemed an act of determining unfair subcontract consideration, and it is reasonable to view that all of the facts charged in the instant case is a single

Therefore, the part concerning Article 4 (2) 4 and 5 of the Fair Transactions in Subcontracting Act among the act of deeming unfair subcontract consideration to be unfair in the facts charged of this case is merely included in several deemed acts. The facts charged of this case constitutes a single act and constitutes a single act in violation of Articles 30 (1) and 4 (1) of the Fair Transactions in Subcontracting Act, and thus, the Fair Trade Commission rendered a judgment dismissing prosecution on the grounds that there is no accusation by the Fair Trade Commission as to all the facts charged of this case with a single crime. The court below erred by misapprehending the legal principles on the judgment on the number of crimes, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 80,000,00) is too uneased and unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misapprehension of the legal doctrine is appropriate to deem that an offense under Article 30 of the Fair Transactions in Subcontracting Act may be prosecuted only when the Fair Trade Commission files an accusation under Article 32(1) of the same Act, and an act under each subparagraph of Articles 30(1)1 and 4(2) of the same Act is constituted one of the acts referred to in each subparagraph (i). (ii) The act under each subparagraph of Article 4(2) of the same Act is considered to be “subcontract payment decision” under Article 4(1) of the same Act.