The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles delegated A with the duties of reporting the change of the architect’s title of the architect office G in Gwangju North-gu G (hereinafter “G construction”), and sent the Defendant’s authorized certificate by e-mail to this end, and notify A of the password.

However, as A had an authorized certificate and password, A arbitrarily used the name of the defendant and performed the work of designing and supervising the "F" kindergarten that was contracted by D.

Although the defendant did not allow A to provide an architect service using the name of the defendant, the court below erred by misapprehending the facts charged in this case or by misapprehending the legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. A. In the first instance trial, the ex officio determination prosecutor applied for the amendment to a bill of amendment to the indictment, which is the same as the facts stated in the facts charged against the defendant, and since this court permitted it, the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court within the scope of the modified facts charged, regardless of the above reasons for ex officio reversal.

B. The intrinsic and core contents of the Certified Architects Act’s legislative purpose of determining the misunderstanding of facts and misapprehension of the legal principles are to promote the qualitative improvement of buildings by prescribing matters concerning the qualifications of certified architect and their services, and setting strict requirements for the qualifications of certified architect in order to achieve this objective, while a certified architect or a certified architect is not able to engage in the design or construction supervision of buildings exceeding a certain size.