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(영문) 대구지방법원 경주지원 2015.03.18 2014고단1085

건설기술관리법위반

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, from November 201 to April 2014, has been in charge of material management as the Deputy Director of the Site Management Division of E, a contractor of D New Construction (hereinafter “instant Construction”) from November 2012 to April 2014.

The construction of a non-residential building of approximately 31,307 square meters in total floor area shall be used in the construction of a non-residential building that has obtained certification in conformity with Korean Industrial Standards (KS certification).

On November 2013, the Defendant: (a) around 20t of steel bars to be used in reinforced concrete construction among the instant construction works; (b) however, there is a lack of 20 lines of steel bars to be used in the Korea Water and Nuclear Power Co., Ltd., the ordering site; (c) discussed with the head of the field office F, the head of the public office, and the head of the public office division, and discussed with the construction site, to purchase steel bars at the construction site and put them into the construction.

As a result, the Defendant attempted to use the iron in the construction site of Daegu and racing areas and sought steel bars, but failed to seek steel bars suitable for Korean Industrial Standards. On November 15, 2013, the Defendant asked the construction business operator J, who was known to the ordinary place of restaurant in the H, from the first place of restaurant in the racing-si, to identify the place of the purchase of the steel bars. On November 15, 2013, the Defendant stated that “Mins, scrap, or heavy agricultural products are not superior because the number of the steel stories is not high.” The price is high.

결국 피고인은 다음날인 16. 19:00경 한국산업표준 기준에 비해 인장강도가 33N/㎟, 연신률이 1% 미달되는 중국산 철근 19.03t을 위 J을 통하여 K로부터 대금 12,479,857원에 공급받아 그때부터 같은 달 28. 사이에 이 사건 공사에 사용되게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police suspect interrogation protocol regarding the defendant, F, and police officer;

1. G and J.