The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

With respect to the violation of the Construction Technology Promotion Act committed from December 1, 2011 to May 22, 2014 among the facts constituting an offense indicated in the lower judgment, the lower court applied Article 89 Subparag. 3 (c) and Article 23(2) of the current Construction Technology Promotion Act (a statutory penalty: imprisonment with labor for not more than one year or a fine not exceeding ten million won).

However, Articles 42-2 subparag. 4(c) and 6-3(3) of the former Construction Technology Management Act (amended by Act No. 11794, May 22, 2013; hereinafter the same) (amended by Act No. 11794, May 22, 2013; hereinafter the same) shall apply to the above punishment provision regarding brokerage for lending construction technology career career as amended on May 14, 201 and enforced on May 23, 2014.

Therefore, the judgment of the court below can no longer be maintained.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Judgment] The summary of the facts constituting an offense and the evidence admitted by this court and the summary of the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except in the case where the court below’s judgment’s 10th of October 2016 Haman’s 10th of the 4th of the 2016th of the 2016th of the 4th of the 2016th of the 4th of the 2016.

Application of Statutes

1. Article 96 subparag. 1 and Article 99(1) of the Framework Act on the Construction Industry for criminal facts, each of the choice of punishment, Article 30 of the Criminal Act (a point of registration of construction business by improper means) and Article 42-2 subparag. 4 of the former Construction Technology Management Act.