The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. Defendant A, B, and C.

1. Summary of grounds for appeal;

A. The Defendant A, through D, ordered the subcontract of K Apartment with the type mold, steel reinforced concrete construction, etc. (hereinafter “instant construction”) at the time when the I Company was constructed.

In addition, Defendant A managed the site of the instant construction through Defendant D and appointed G and H as the site director and subsequently decided to settle the case later, Defendant A was directly involved in the instant construction.

Therefore, Defendant A did not lend the name of Company B (hereinafter “B”) to G, Defendant C, etc., Defendant C did not borrow the name of Company B from Defendant A, and Defendant D did not arrange for lending the name of Company B.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment, which found the Defendants guilty of all the charges of this case.

B. The sentence imposed by the lower court on the Defendants (a fine of five million won per each of the defendants) is too unreasonable.

2. Determination

A. Determination 1 on Defendant D’s official authority among the lower judgment: (a) upon receipt of a request from G to introduce a construction company to be mutually lent from G; and (b) around February 10, 2012, the Defendant introduced A to G in the first floor coffee shop of the F building and arranged G, C, and H to receive and execute construction works using the trade name of the F building and arrange G, C, and H to do so. (b) The relevant provisions of the former Framework Act on the Construction Industry (amended by Act No. 12580, May 14, 2014; hereinafter “former Framework Act on the Construction Industry”) applicable to the instant case are as follows.

Article 21 (Prohibition of Lending and Arranging Construction Business Registration Certificates, etc.) (1) No constructor shall allow any third person to contract or perform construction works by using his/her name or trade name, or lend his/her construction business registration certificate or construction business registration pocket book to any third person.

(2) No person shall be prohibited under paragraph (1).