The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. Although the defendant's act of this case does not constitute the act of maintaining construction machinery under the Construction Machinery Management Act, the court below found him guilty of the facts charged in this case, which erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor is in the trial of the case, and the person who intends to operate construction machinery business shall register the facts charged in the case with the head of the Si/Gun/Gu.

Nevertheless, the Defendant, without being registered on November 15, 2016, carried out construction machinery maintenance business by repairing the part of the boom booming booming machine with oxygen booming machine booming machines at the request of the owner S, which is construction machinery, in D’s operation of the Defendant in Yong-gun, Young-gun, 2016.

In this regard, the judgment of the court below was no longer maintained in that regard, since the subject of the judgment was changed by the court's permission to amend the Bill of Indictment.

B. Although the judgment of the court below on the assertion of misunderstanding legal principles has the above reasons for reversal ex officio, the defendant's assertion of misunderstanding legal principles still exists within the scope of the modified facts charged, and this is examined.

The lower court rejected the Defendant’s assertion in detail on the grounds for appeal as stated in this part of the grounds for appeal, and on the lower part of the “application of statutes” of the judgment, the lower court rejected the Defendant’s assertion.

Examining the instant evidence in detail, the Defendant’s act constitutes “any act for the smooth use of construction machinery” under Article 2 subparag. 4 of the Construction Machinery Management Act, and the following acts listed as “an act excluded from the scope of construction machinery maintenance business” under each subparagraph of Article 1-2 of the Enforcement Rule of the Construction Machinery Management Act, or any similar insignificant act.