A. The defendant's birth of misunderstanding of facts alone lent construction business registration certificate, etc. to the defendant, and the defendant did not intervene in the construction work.

Nevertheless, the judgment of the court below which judged the defendant as a joint principal offender with D and found the defendant guilty of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. (1) The judgment of the court below on the assertion of mistake of facts stated that "E, who lent the name of the construction business to the construction business of this case through its employees, lent relevant documents, such as a construction business registration certificate in the name of F corporation with respect to the construction business of this case, but the actual owner who lent the construction business registration certificate, etc. of this case was aware of Defendant A, and even before the police investigation was conducted, discussed the contents of the statement at the investigative agency in currency with Defendant A that "M mediated the lending of the construction business registration certificate, etc. of this case to the construction business of this case". The statement at the investigative agency and court of this E is specific and consistent, and it is not deemed that there was any contradiction or suspicion in the statement, and thus, credibility is recognized. In light of the relationship between the Defendant and the construction business registration certificate of this case and the construction business of this case, it is difficult to believe that each legal statement or statement by P was not involved in lending the construction business of this case, the court below legitimately admitted and found the facts charged by the Defendant sufficiently in collusion with D construction business registration certificate, etc.

(2) The judgment of the court below was properly stated, and it was based on the evidence duly adopted and examined by the court below.