The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, G cannot be deemed as a person who has engaged in practice for not less than three years in the pertinent job field, and it can be sufficiently recognized that the Defendant committed a crime of violation of the Framework Act on the Construction Industry, which stipulates that at least one person who has been placed at a construction site of the same kind as the pertinent construction site and has been engaged in construction management for not less than three years, as a person with at least a higher-class technician or a higher-class technician in the pertinent job field, and

2. Determination

A. The summary of this part of the facts charged is that the Defendant is a person who operates D Co., Ltd. in the Southern-gun C, and the constructor is a person who is at least a middle-class technician in the relevant job field or a first-class technician who has been assigned to a construction site of the same kind as the relevant construction project and has engaged in construction management for at least three years, for construction performance management and other technical management purposes.

Nevertheless, on December 26, 2012, the Defendant entered into a contract for the “E Corporation” with approximately KRW 1.1 billion in the cost of the construction project with the Southern-do and the estimated construction cost (hereinafter “E”) and placed at the site of G, who had no experience in the same type of construction work as this case, as the first technical technician in the field of civil engineering, from December 31, 2012 to August 31, 2013, at a construction site located in the south Gun F of the Republic of Korea, from December 31, 2012 to August 31, 2013.

B. According to the former Framework Act on the Construction Industry and the Enforcement Decree of the same Act, the lower court determined that the construction business operator shall assign at least one construction technician with “a person qualified as an industrial engineer or higher, who has engaged in the relevant job field for at least three years,” etc. at a construction site of less than three billion won in the cost of construction work, and the term “the relevant job field” here.