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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.
2. As to the instant crime, the act of lending construction business registration certificate to others by a person other than a constructor, as seen in the instant case, need to be strict in that it may seriously threaten the lives and safety of citizens by entering into an defective construction by a qualified person.
The scale of the instant construction project is approximately KRW 1,580 square meters and was not smaller.
However, in full view of the following: (a) the Defendant appears to have the attitude of recognizing and opposing all of his mistake; (b) there is no record of punishment in excess of the same criminal record or fine; and (c) other various sentencing conditions in the records of this case, such as the Defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable; and
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.