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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) N Co., Ltd. (hereinafter “N”).
and M Co., Ltd. (hereinafter referred to as “M”).
Although the contract entered into with B is a subcontract, the court below found the defendant guilty on the ground that N and M lent the name to B, and thus there is an error of misunderstanding of facts and misunderstanding of legal principles. 2) The defendant is actually involved in the operation of N and does not fall under the "contractor" under the Framework Act on the Construction Industry even though M is the representative director, so it is possible to punish the defendant by applying Article 98(2) of the Framework Act on the Construction Industry, and it is not possible to punish him directly.
B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. On the first argument, the court below rejected the above argument by stating in detail the defendant's argument and its decision in the summary of the evidence of the judgment.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of mistake of facts or of misapprehension of legal principles as pointed out by the defendant.
Therefore, the defendant's above assertion is without merit.
B. Second, Article 21(1) of the Framework Act on the Construction Industry provides that “a constructor shall not allow another person to receive or perform construction works using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to another person.” Article 96 Subparag. 3 provides that “a constructor shall not allow another person to receive or perform construction works using his/her name or trade name, in violation of Article 21, and the other party or the person who mediates such contract.”