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(영문) 부산지방법원 2014.07.17 2014고정1510

소방시설공사업법위반

Text

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

Defendant

A and C fail to pay the above fine, only 100,000.

Reasons

Punishment of the crime

1. A person who was awarded a contract for fire-fighting system installation works by Defendant A should not subcontract to a third party; Defendant A subcontracted the construction of fire-fighting systems to Defendant C on June 27, 2013 while submitting the starting period for the construction of fire-fighting systems to the gold-gu Complex D Construction Corporation and performing construction works by November 27, 2013 while performing construction works.

2. Defendant B Co., Ltd. committed a violation as referred to in paragraph (1) by a representative.

3. Although Defendant C’s person who intends to construct fire-fighting systems of specific fire-fighting objects of fire fighting ought to file registration of fire-fighting system business, Defendant C, without filing registration, requested Defendant C to manufacture and install machinery parts of the fire-fighting system (spuging equipment, etc.) from August 2013 to November 201, 2013.

Summary of Evidence

1. Defendants’ legal statement

1. Confirmation of the violation of the C preparation;

1. Application of Acts and subordinate statutes of each standard contract;

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

(a) Defendant A: Subparagraph 6 of Article 36 and Article 22 (1) of the Fire-Fighting System Installation Business Act;

(b) Defendant B corporation: Articles 39, 36 and 22 (1) of the Fire Fighting System Installation Business Act;

(c) Defendant C: Articles 35 and 4(1) of the Fire Fighting System Installation Business Act;

1. Defendant A and C detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act