건설산업기본법위반등
The guilty part of the judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. Of the facts charged, the lower court dismissed the public prosecution regarding the instant case No. 2016 High Court Decision 2016 High Court Decision 1801, and rendered a judgment of conviction regarding the instant case No. 2016 High Court Decision 1798.
However, since only the defendant appealed against the guilty portion of the first instance judgment, the dismissal of prosecution which the prosecutor did not appeal among the first instance judgment became final and conclusive separately.
Therefore, the scope of this court's adjudication is limited to the conviction of the first instance judgment and the second instance judgment.
2. Summary of grounds for appeal;
A. Defendant 1) Of the judgment of the court below, Defendant 1 submitted a report on change of construction participants at the request of the owner of the building, but the Defendant was not obligated to assign a construction engineer at the construction site of this case since it actually failed to receive the down payment. However, the judgment of the court below convicting this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles as to the judgment of the court below of the second instance, and it cannot be deemed that the Defendant did not have any intention without any awareness that the reported facts were false. However, the court below convicted Defendant of the facts charged of this case was erroneous in misunderstanding of facts or misunderstanding of legal principles. Although the judgment of the court below was finalized on Nov. 17, 2016 on Feb. 15, 2017, and the judgment became final and conclusive on Feb. 15, 2017, which did not constitute a repeated crime under Article 127 of the Act.
B. The second court below's decision is erroneous.