The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of legal principles) Articles 96 subparag. 4 and 42 subparag. 5 of the former Housing Act (wholly amended by Act No. 13379, Jun. 22, 2015; hereinafter the same) (hereinafter “instant penal provision”) shall not only be deemed to apply not only to the first remodelling construction work after the establishment of the said penal provision, but also to the case where a remodeling construction work was selected before the establishment of the said penal provision, but also to the case where a new construction work was newly selected after the establishment of the said penal provision and the new construction work was newly selected after the establishment of the said penal provision. However, the judgment of the court below acquitted the Defendant on a different premise.

2. On May 11, 2007, the time when the defendant first selected G Co., Ltd. as the main contractor of the Yangcheon-gu Seoul apartment remodeling association (F apartment remodeling promotion committee, the telegraph of the above association, if the defendant’s association is close), there was no provision that the method of selecting the work executor of the remodeling project would be competitive bidding or the provision that the person who violated it would be punished does not exist under the Housing Act.

After that, on September 16, 2011, the instant penal provision was newly established for the first time, and there is no special transitional provision regarding the timing, scope, etc. of applying the instant penal provision under the Addenda of the relevant Housing Act (Act No. 11061, Mar. 17, 2012).

However, with respect to the instant penal provision, Article 47-2 of the Enforcement Decree of the Housing Act, which provides an exception to competitive bidding, was newly established on March 13, 2012, Article 4 of the Enforcement Decree of the Housing Act, and Article 4 of the Addenda thereto (i.e., the amended provision of Article 47-2), applies to the first contractor after this Decree enters into force (i.e., after March 17, 2012).

“The provision provides for the composition of the instant penal provision, and “the criteria for the selection of remodeling work executor” as the subordinate statute of Article 42(5) of the Housing Act, which is the subordinate statute of Article 42(5) of the National Land Reclamation Act, shall also be Addenda thereto.