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(영문) 광주지방법원 2018.11.21 2018고정135

건설기술진흥법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall not lend his/her technical career certificate to another person who has acquired the career experience of construction and civil engineering on January 29, 2002.

Nevertheless, from February 2014 to September 1, 2015, the Defendant lent the construction technology qualification certificate in the name of the Defendant to the competent authority in order to allow B corporation to use as if the company had employed the Defendant at the B office from February 2014 to September 1, 2015.

Summary of Evidence

1. Each legal statement of C and D;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Copy of the police statement made to D;

1. A copy of the extraction of transaction details, the extraction of the history of employment insurance for commercial workers, and a copy of the construction technology career [In accordance with evidence, the defendant lent a construction technology qualification certificate under the condition that he/she purchases four insurances, not the employees employed by the stock company B, and the defendant merely lends a construction technology qualification certificate to a worker who works for a day and receives a remuneration for work at the site of performing construction work in B];

Application of Statutes

1. Article 89 of the relevant Act on criminal facts, and Articles 89 subparagraph 3 (a) and 23 (1) of the Construction Technology Selection Promotion Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.