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(영문) 인천지방법원 2014.09.25 2014고단5100

건설기계관리법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a worker who maintains construction machinery in Seo-gu Incheon Airport.

A person who intends to operate construction machinery business shall make a registration to the competent authority by type of business, as prescribed by Presidential Decree.

Nevertheless, on April 22, 2014, the Defendant received KRW 100,000 from the competent authority without registering construction machinery maintenance business. At around 13:20 on April 22, 2014, the Defendant received 10,000 from the Defendant’s office for reinforcement of the loading of the C-motor vehicle, which is a construction machinery

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant criminal facts: Article 40 subparagraph 4 of the Construction Machinery Management Act and Article 21 (1) of the same Act;

1. Suspension of execution: It shall be decided as per the disposition on the grounds that the amount of income is not less than Article 62 (1) of the Criminal Act;