All appeals by the Defendants are dismissed.

1. The construction work (hereinafter “instant construction work”) partially executed by Dongcheon-gu Co., Ltd. (hereinafter “Dongcheon-gu Co., Ltd”) and Chocheon-gu Co., Ltd. (hereinafter “Dongcheon-gu Co., Ltd”) at the construction site of apartment complex (hereinafter “instant apartment complex”) in the summary of the grounds for appeal (deficiencies or misapprehension of legal principles) does not constitute “construction work of housing for which approval was obtained” under Article 20(1) of the Housing Act that only registered business operators can engage.

In other words, the instant construction project is merely a construction project to stabilize the level of slope between the roads newly constructed at the Gam-si and apartment sites, rather than a “site creation construction project” to create and improve a group of lands that form the relevant site in accordance with the comprehensive planning and management of large-scale apartment buildings, and is merely a construction project to ensure stability and its appurtenant construction.

In addition, Defendant A had the position of the president of Defendant B Co., Ltd. (hereinafter “Defendant Company”), but there was a separate representative director L, a professional manager, and thus, Defendant A did not participate at all in the conclusion of each construction contract between the Defendant Company and Dongcheon-gu and Cho Ho-gu, and there was no intention to commit a crime that the instant construction constitutes a violation of the Housing Act.

Nevertheless, the lower court, which found the Defendants guilty of all the facts charged, erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2. Determination

A. (1) As to the assertion that the instant construction is not a housing construction project under Article 20(1) of the Housing Act, a person who intends to implement a housing construction project in the number of housing units or more prescribed by Presidential Decree or a person who intends to implement a housing site development project in the area above the size prescribed by Presidential Decree, shall submit an application for approval of a project plan, accompanied by documents prescribed by Presidential Decree, such as the plot plan of housing, its appurtenant facilities and welfare facilities