The defendant's appeal is dismissed.

Costs of trial in the trial shall be borne by the defendant.

Summary of Grounds for Appeal

A. The construction work executed by a mistake of facts falls under “2. Construction Business” among the business of performing general construction works in attached Table 1 of the Enforcement Decree of the Framework Act on the Construction Industry, and the construction cost is less than 50 million won, so it is a minor general construction work who has no obligation to register under the Framework Act on

B. Of the sentencing division, the lower court’s sentencing: A fine of KRW 3 million is determined.

A. There was no new objective reason that could affect the formation of a documentary evidence in the appellate court’s trial process of a determination of mistake of facts, and the determination of the value of evidence in the first instance court was clearly erroneous.

Where there is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules, etc., the determination on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The Defendant also asserted the same purport as the grounds for appeal in the lower court. The lower court found the Defendant guilty of the facts charged in this case, taking into account the following circumstances as stated in its reasoning: (a) the meaning of general construction and specialized construction as prescribed in the Framework Act on the Construction Industry and the Enforcement Decree of the same Act; (b) details of construction works executed by the Defendant; and (c) the construction work executed by the Defendant constitutes “1. Indoor construction work” or “3. Waterproof construction work business” among the types of business performing specialized construction works as prescribed in attached Table 1 of the Enforcement Decree of

In addition to the purpose of the relevant Acts and subordinate statutes, the Framework Act on the Construction Industry has a system for the registration of construction business to promote the proper execution of construction works and the sound development of the construction industry (see Article 1 of the same Act) and the purpose of the relevant Acts and subordinate statutes to prevent lawful evasion of the registration obligation of construction business, the amount of the instant construction project and the detailed execution details.