The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A The above fine shall be imposed.

1. The main point of the Prosecutor’s grounds of appeal is that the construction of N among the instant construction works is installed with hardware equipment, such as Wlaserver, workshop, PC 3, and 56 figures monitors necessary for the construction of a system.

Therefore, the court below erred by misapprehending facts or by misapprehending legal principles, which held that the construction of this case constitutes a software construction work even if it falls under an information and communications construction project.

2. The facts charged and the judgment of the court below

(a) No contractor specializing in the construction of information and communications shall subcontract more than 50/100 of the contracted construction work to another contractor specializing in the construction of information and communications technology.

Nevertheless, the Defendant was awarded a contract for information and communications construction project that is called “E” awarded by D Corporation around June 30, 201, for KRW 399,90,000,000.

7.1. Around January 7, 200, the subcontracting Co., Ltd. subcontracted KRW 334,900,000.

As a result, the Defendant subcontracted about 92/100 of information and communications construction projects contracted by D Corporation to other information and communications contractors.

2 Defendant B subcontracted to another information and communications construction contractor in excess of 50/100 of the information and communications construction work contracted by D Corporation as above with respect to the Defendant’s business at the above date, time, place, and place.

B. As to the above charged facts, the lower court determined that the term “information and communications construction” under the Information and Communications Construction Business Act means only construction of information and communications facilities and does not mean construction of a system that operates such facilities using facilities already installed, and based on the facts and circumstances as stated in its reasoning, the instant construction is not the construction of information and communications facilities themselves, but is merely the software construction using information and communications facilities already installed.