All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In the facts charged in the instant case of mistake of facts, the question TIP Corporation was built by the “CIP method”, and the said Corporation is irrelevant to the TIP Corporation, as it is for the installation of a temporary screen.

Ultimately, the Defendants cannot be held liable for a violation of Article 26-2(2) of the Construction Technology Management Act, since the construction work of soil walls executed by the Defendants is not subject to the establishment of a safety management plan such as the entry in the facts charged.

B. The sentence sentenced by the court below on unreasonable sentencing (the defendant: a fine of five million won each) is too unreasonable.

2. Determination

A. In full view of the following additional circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the Defendants’ assertion of mistake of facts is without merit, since the facts charged in the instant case are sufficiently recognized.

① The design drawings submitted at the time of filing an application for the initial construction permit were “CIPs and tea laging construction work,” and the design was arbitrarily modified on the ground that the soil lags used at the actual construction site were “the design drawings” in the method of construction of H-PE earth and sand walls.

Here, CIP public law and H-PE earth barriers public law are one of the methods of soil blocking.

First of all, CIP method means a method of construction for drilling the hole to the earth by using excavation equipment, collecting the hole with concrete, etc. and continuously installing it with concrete, etc., and forming a sort of concrete brick.

Next, the H-PILE method means the method of construction in which H-PILE is stuffed and excavated at regular intervals and soil bags are cut between H-PILE, and soil bags are built.

In general, the CIP public law has a reduced economic efficiency and has a strong air compared with the H-PAL soil barriers, while the stability is increasing.