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(영문) 부산지방법원 2013.03.20 2013고단935

국가기술자격법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant collects and send a national technical qualification certificate or career certificate of construction technology, a certified resident registration certificate, a passbook, a resume, etc. from a construction company and receives fees from a construction company.

No person shall arrange the lending of a national technical qualification certificate or career certificate of construction technology.

The Defendant received request from F employees of construction business chain E Co., Ltd. (hereinafter referred to as “E”) in Incheon Bupyeong-gu from F to arrange or arrange the lending of a national technical qualification certificate or career certificate of construction technology from the holders of a national technical qualification certificate or career certificate of construction technology, and tried to arrange the lending from E to the holders of a national technical qualification certificate or career certificate of construction technology.

around August 18, 2009, the Defendant obtained the above qualification certificate, etc. from G, a holder of a Class 1 national technical qualification certificate for civil engineering engineers, and re-exploited them to E office. From E to December 18, 2012, the Defendant arranged from E to receive a loan of G’s national technical qualification certificate, thereby receiving KRW 700,000 from E.

B. On February 1, 2012, the Defendant received the I’s above career certificate, etc. from H, a holder of the career certificate of construction technology (mechanic first class) and sent it again to E office. From E to December 18, 2012, the Defendant arranged to arrange to obtain a loan of I’s career certificate from E to December 18, 2012, and received 110,000 won from E.

Accordingly, the defendant received a total of 1.8 million won from E, and arranged to lend a total of two national technical qualification certificates or career certificates of construction technology.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each protocol of suspect examination of the police to H, G, and I;

1. The point of arranging the loan of construction technology records under Articles 26 (3) 1, 15 (2) of the National Technical Qualifications Act (the point of arranging the loan of national technical qualification certificates, the choice of imprisonment), subparagraph 4 (c) of Article 42-2, and Article 6-3 (1) of the Construction Technology Management Act concerning facts constituting an offense, and imprisonment with prison labor;