The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) was directly executed by the instant construction, and the Defendant leased a construction business registration certificate and construction business registration pocket book of G Co., Ltd. (hereinafter “G”) to A, thereby having A not allowed A to perform the instant construction under the name of G.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. Determination

A. The Defendant alleged to the same effect in the lower court’s judgment.

The lower court did not accept the Defendant’s assertion on the grounds of the circumstances indicated in its reasoning.

B. In light of the legislative purpose of the Framework Act on the Construction Industry aiming at facilitating the proper execution of construction works and the sound development of the construction industry, the legislative purpose of the Framework Act on the Construction Industry aiming at achieving this objective , the strict standards for the license and registration of construction business, and the contents of the Act aiming at preventing a construction business from being operated by a person other than a licensed or registered constructor, etc., the term “act of allowing another person to receive or execute construction works by using his/her name or trade name” prohibited by Article 21 of the Framework Act on the Construction Industry

(ii)that it means a case in which another person knowingly agrees to use his name or trade name for the same purpose while carrying out construction works with qualification by using his name or trade name as a constructor who is qualified. It shall be interpreted that all or part of the contracted construction works in the name of a constructor (hereinafter referred to as "contractor") is another person (hereinafter referred to as "contractor").

Even if this construction work has been executed, if the constructor received a contract for the construction work with the intention to substantially participate in that construction work and actually participated in that construction work, it shall not be deemed to be the nominal name.

Here, the constructor is a construction work.