The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 1,800,000 and by a fine of KRW 300,000.

1. The summary of the grounds for appeal was that Defendant A entered into an employment contract with Defendant B, a maintenance engineer, in the process of establishing F, a motor vehicle maintenance business entity. Defendant B, accordingly, did not lend the instant qualification certificate to Defendant A only when Defendant A created a motor vehicle maintenance industrial engineer qualification certificate (hereinafter “instant qualification certificate”).

Accordingly, Defendant B leased the instant qualification certificate to Defendant A.

The judgment of the court below is erroneous in the misunderstanding of facts and legal principles.

2. Before determining the grounds for ex officio appeal, the lower court, ex officio, applied Article 26(3)1 and Article 15(2) of the National Technical Qualification Act (a statutory penalty: imprisonment with prison labor for not more than one year or a fine not exceeding ten million won) to the facts charged in the instant case.

However, since the instant crime was committed around July 2014, Article 26(3)1 and Article 15(2) of the former National Technical Qualification Act (amended by Act No. 12625, May 20, 2014; statutory penalty: imprisonment with labor for not more than one year or a fine not exceeding five million won) shall be applied at the time of the act. In this regard, the lower judgment is no longer maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

3. Determination as to the misapprehension of facts and misapprehension of legal principles

(a) A national technical qualification holder shall lend his/her national technical qualification certificate to another person without performing his/her duties under the national technical qualification and thus, be engaged in a business or business by pretending that the national technical qualification holder actually performs his/her duties under the national technical qualification, thereby obtaining permission, authorization, registration, license, etc. by improper means, or a technical personnel who has national technical qualification is appointed, appointed, or employed by such person.