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(영문) 대구지방법원 2015.12.11 2015고정936

병역법위반

Text

Defendant

A A shall be punished by a fine of two million won, and the defendant B shall be punished by a fine of three million won.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A as the representative director of Defendant B, he is an employer who exercises overall control over the management of the above company, and Defendant B is a corporation established for the purpose of manufacturing and selling automobile parts.

1. The defendant A employer shall have industrial technical personnel engaged in the corresponding field of the designated entity at the time of transfer, and when he does not have them engaged in the corresponding field of the designated entity at the time of transfer, he shall notify the director general of the competent regional military manpower office thereof within 14 days

Nevertheless, from July 1, 2013 to August 1, 2014, the Defendant issued an industrial technical personnel F, who is a skilled industrial personnel, as a previous research team, without granting a “gold repair assistance business” to F, who is a skilled industrial personnel, from July 1, 2013 to August 1, 2014, and let him engage in the product research business, thereby having the designated entity engage in the relevant field, and did not notify the director of the competent regional military manpower office

2. Defendant B, at the time and place specified in the preceding paragraph, committed each of the offenses committed by Defendant B, who is the representative director of the Defendant, as described in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F, G, H and I;

1. Written Statement;

1. Statement of accusation;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 92(1) and 39(3) of the Military Service Act (a) and Article 84(1)1 and subparagraph 2 of Article 40 of the Military Service Act (a) (the point of notification on changes in status of skilled industrial personnel and choice of fines)

(b) Defendant B: Subparagraph 1 of Article 96 of the Military Service Act, Articles 92 (1) and 39 (3) of the Military Service Act (one engaged in other fields of skilled industrial personnel), Article 96 subparagraph 1 of the same Article, Article 84 (1) 1 of the Military Service Act, and Article 40 subparagraph 2 of the same Article (Notification on Change in Status of Skilled Industrial Personnel);

1. Defendants among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act.