All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In fact, Defendant 1: (a) misunderstanding of legal principles; (b) H limited partnership (hereinafter “H”) operated by the Defendant by the misunderstanding of the legal doctrine directly constructed landscape planting construction by supplying landscape trees from B; (c) the contract entered into by the Defendant and B (hereinafter “instant contract”) is a landscape planting construction contract only for landscaping supply; (d) even if landscaping planting construction was conducted by B, it cannot be deemed a landscape planting construction contract as a landscape planting construction contract; and (e) even if landscaping construction was conducted by B, it cannot be deemed as including the market price of materials in light of the characteristics of landscape planting construction other than the general construction project in light of the characteristics of other landscaping planting construction works. Therefore, the construction project constitutes a minor construction project with the estimated construction cost, 15 million won or less, which is prescribed for construction business without registration under relevant Acts and subordinate statutes.

Nevertheless, the court below erred by misapprehending the legal principles as to the Framework Act on the Construction Industry and misapprehending the facts charged in this case.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court determined that the instant contract constitutes a landscaped planting construction contract in light of the following: (a) the date of commencement ( October 27, 2014) and the date of completion ( November 20, 2014) of the instant contract; (b) the date of payment of advance payment and the date of payment of advance payment (within seven days after receipt of the advance payment guarantee; and (c) the date of payment of advance payment or completion money within seven days after receipt of the advance payment); and (d) the details of the instant contract, the lower court determined that the instant contract constitutes a landscaped planting construction contract.

B) The decision of this case is ① The instant contract contains the following: “The items and quantities of the material 7. Payment” column, and the detailed statement of the instant contract (the investigation record 122, 125 pages).