The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (12 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is not somewhat good in light of the risk of borrowing a construction business name, the legislative purport of the Framework Act on the Construction Industry, and the size of apartment houses built by the defendant, etc., on which the defendant constructed multi-family housing with a total floor area of 99.02 square meters by lending another's construction business registration certificate

However, the defendant recognized the crime of this case, and was issued a summary order of KRW 7 million for the violation of the Framework Act on the Construction Industry around September 19, 2016. However, since the crime of this case was committed prior to the issuance of the above summary order, it is difficult to view it only under the circumstances unfavorable to the defendant. Besides, there is no criminal conviction due to the same crime, and there is no history of punishment exceeding the fine, and considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, behavior, environment, family relationship, motive, motive, and circumstance after the crime, etc., the court below's punishment cannot be deemed to be unfair because it is too unfeasible. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, “Article 96 subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry” of “Article 96 subparag. 3 and Article 21(1) of the Framework Act on the Construction Industry (the borrowing of a registration certificate, etc. for construction business), and Articles 96 subparag. 5 and 41(1)1 of the Framework Act on the Construction Industry (the violation of restrictions on construction works)” is “Article 96 subparag. 3 and 21(1) of the former Framework Act on the Construction Industry (wholly amended by Act No. 14708, Mar. 21, 2017; hereinafter the same).