The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (a fine of 5 million won) is too unreasonable.

Judgment

In light of the characteristics of the instant construction, there are many cases where a tendering company with qualifications subcontracts to an enterprise with professional technical skills after being awarded a contract for the construction work, and the Defendant, while the instant construction is being implemented, assigned a field agent and managed the process and safety, the lower court’s punishment is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

Therefore, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the entries in each corresponding column of the part of the judgment below against the defendant, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Framework Act on the Construction Industry and Article 98 (2), subparagraph 4 of Article 96, and Article 29 (1) of the same Act concerning the selection of criminal facts;

1. A fine of five million won to be suspended;

1. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Code of the suspended sentence violates the Framework Act on the Construction Industry that prohibits the act of subcontracting all of the contracted construction works to another constructor, and such act is likely to hinder the development of the construction industry and cause any unexpected damages to the ordering person, by impairing the development of the construction industry, due to the sense of construction cost and causing fraudulent construction works.

However, the construction of this case requires specialized technology in the execution of construction works, but since there are many cases where companies with technology are not qualified as a bidder, it is possible to receive a contract from an enterprise qualified as a bidder like the defendant.