The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 20,000,000.

Defendant .

1. Summary of grounds for appeal;

A. The Defendants asserts that the sentence imposed by the lower court (two years of suspended sentence in October, and the fine of 15 million won in case of Defendant J: Defendant A) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below against Defendant A is too unhued and unreasonable.

2. Determination

A. The Defendant in part against Defendant A performed landscaping works several times without registering a specialized construction business for landscaping works. Accordingly, it is recognized that the legislative intent of the Framework Act on the Construction Industry, which intends to promote the proper execution of construction works through a registration system for a specialized construction business, and that the amount of Defendant’s occupational embezzlement reaches KRW 65,000,000.

However, considering the fact that the defendant recognized his mistake and reflected, the defendant performed the landscaping construction work in this case through the company which completed the registration of construction business for the landscaping work, the above landscaping work was completed without any particular problem, the victim J Co., Ltd. was actually one of the defendant, and the defendant returned 65,000,000 won in full, which was embezzled by the defendant to the victim J Co., Ltd., and the defendant had no record of punishment for the last five years, etc. in favor of the defendant, the defendant cannot maintain the representative director of J Co., Ltd. if he was sentenced to imprisonment or a heavier punishment for the past five years, it would be harsh in view of the circumstances where the defendant was sentenced to a suspended sentence of imprisonment or a heavier punishment for the defendant, which would no longer be capable of maintaining the representative director of J Co., Ltd., and the defendant was imposed a penalty surcharge of 142,186,000 won from creative city due to the crime in this case, and the defendant's age, character and behavior, environment, motive and method of the crime and circumstances after the crime.