All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants 1) In fact, misunderstanding of legal principles and misunderstanding of the instant “E” (hereinafter “the instant construction”) are constructors qualified for registration of construction business under the Framework Act on the Construction Industry. Thus, even if the Defendant’s act of having F Co., Ltd. perform the instant construction work, it is a nominal lending, regardless of whether it constitutes a subcontract for construction work.

shall not be required to do so.

2) The sentence of the lower court that is unfair in sentencing (a fine of KRW 5 million for each of the Defendants) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence against Defendant A is too unhued and unreasonable.

2. Determination as to the Defendants’ misunderstanding of facts and misapprehension of legal principles

A. For the purpose of Article 21 of the Framework Act on the Construction Industry, “an act of allowing another person to receive or execute construction works using his/her name or trade name” is reasonable to interpret that another person is aware that he/she will receive or perform construction works with the qualification using his/her trade name or name, and that another person knowingly agrees or understood to use his/her trade name or name for the same purpose. Thus, even if all or most of subcontracted construction works have been executed by another person in the name of a constructor, if the constructor has received or participated in the construction work with the intention to actually participate in the construction work, and the constructor has actually been actually involved in the construction work, it shall not be deemed a nominal lease.

In addition, whether a constructor was actually involved in the supply and demand of construction works and construction works, the details of the supply and demand of construction works, the promise and payment of consideration, the contents and payment method of consideration, the contents of the agreement between the constructor and the contractor involved in the construction works, whether the constructor was involved in the construction works, the degree and scope thereof, and the construction capital, if any.