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(영문) 서울중앙지방법원 2017.05.16 2017고정368

정보통신공사업법위반

Text

Defendants shall be punished by a fine of three million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. The defendant A established the Dispute Resolution Bank B on July 27, 2004 for the purpose of computer, peripheral devices, software sales business, information and communications construction business, etc., and is currently working as a representative director until now.

A. In order to register a construction business illegal registration information and communication business, registration requirements, such as “at least 150 million won in capital, at least three technical information and communication technicians (at least one of the middle class technicians), and at least one technical information and communication engineer,” should be satisfied.

Nevertheless, on February 2012, the Defendant: (a) requested the lending of a career pocketbook for information and communications technicians necessary for the registration of information and communications construction business by proxy and registration; (b) lent a career pocketbook for information and communications technicians necessary for the registration of information and communications construction business; (c) borrowed a career pocketbook for E information and communications technicians (class) and F’s career pocketbook for information and communications technicians (second class) through D on March 26, 2012, the Defendant pretended to employ four actual information and communications technicians in Gyeonggi-do through D on March 26, 2012, and received a certificate of registration.

Accordingly, the Defendant conspiredd with D to register construction business by illegal means, and operated construction business.

B. On condition that the Defendant paid KRW 7 million (including know-how) at the same date, time, and place as indicated in the above 1’s paragraph (a), he/she leased E’s work experience pocketbooks (class B) and F’s work experience pocketbooks (class B) for information and communications technicians, and paid KRW 6.9 million (including know-how) to D on March 8, 2013 when the lease period expires. The Defendant leased the said two work experience pocketbooks to D on March 8, 2013.

2. The above defendant A, the representative director of the defendant B, operates the company's business at the above B office, and operates the company's business by registering the construction business in an unlawful manner as described in the above 1-A, and is as described in the above 1-B B.