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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the facts charged in the instant case is a junior technical expert in the construction field in which Defendant C worked as a vice head from June 14, 201 to January 30, 2012. Defendant C is a senior engineer in the construction field who had worked as a vice head from April 4, 2005 to the above company’s affairs.
Around June 16, 2011, G, the representative director of the F Co., Ltd., performed the construction by entering into a contract with H as the J New Construction Corporation located in Asan City (hereinafter “instant J Corporation”), and the construction of the L (hereinafter “instant L”) located in Heung-gu Seoul Special Metropolitan City (hereinafter “instant L Corporation”), and Defendant C reported Defendant C as the site agent of the instant J Corporation, and Defendant D as the site agent of the instant L Corporation, respectively.
No construction engineer shall allow another person to perform construction works or construction technology services in his/her name, and no one shall perform any construction works or construction technology services in another person's name.
A. Defendant C: (a) from August 29, 201 to January 15, 201, the Defendant used the Defendant’s name at the instant work site from August 29, 201 to carried out construction works to A.
B. The Defendant conspired with G to perform construction work by using the name of C from August 29, 201 to January 15, 2012.
C. From August 201, 201 to December 2, 2011, Defendant D had B perform construction work using the Defendant’s name at the construction site of this case. D.
Defendant
B From August 201, 201 to December 2, 2011, the Defendant conspired with G to perform construction work by using D’s name at the construction site of this case.
2. Summary of the grounds for appeal and the judgment of the court below
A. The summary of the grounds for appeal is as follows: (i) mistake of facts or misapprehension of the legal doctrine, and the Act on the Promotion of Construction Technology (Act No. 11794, May 22, 2013) is revised and enforced on May 23, 2014.