All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust)] Defendant A [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] is a victim D Co., Ltd. (hereinafter “victim Co.

The above amount is paid to C at the request of C, the representative director of the victim company, with the knowledge that it will be used as operating funds, and the remaining KRW 133,00,000,000,000,000,000,000, which was received and kept in the form of a provisional contract for other construction works to be concluded with the victim later, cannot be deemed to have been the intention of unlawful acquisition or breach of trust. Moreover, since C paid the victim company individually, there was no substantial damage to the victim company, the Defendants (the violation of the Framework Act on the Construction Industry) were not the actual operator of the Defendant Company B (hereinafter “Defendant B”).

Defendant

B It cannot be deemed an unregistered specialized construction work execution act merely because it merely received a subcontract from K Co., Ltd. (hereinafter “K”) for a part of the construction work and did not borrow the name of K or the construction business registration certificate, and it merely performs a part of the construction work under the management of K.

B. Defendant A: The sentence of the lower court (one year and eight months of imprisonment) is too heavy. Defendant B: the lower court’s sentence (one million won of fine) is too heavy.

2. Determination

A. Judgment on the misunderstanding of facts or misunderstanding of legal principles 1) Defendant A also made the same assertion in the lower court, and the lower court can be recognized by the evidence duly admitted and investigated as follows: ① Defendant A and C are 500 million won according to the construction contract with the victim company: (a) Defendant A and C are the victim company.