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(영문) 부산지방법원 2014.04.28 2014고단2761

건설기술관리법위반

Text

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

Defendant

A or B fails to pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person holding a career certificate of construction technology in the field of construction.

No person shall lend issued certificate of construction technology to any third person.

Nevertheless, the Defendant borrowed the career certificate of construction technology from June 1, 201 to April 1, 2012 to E through E, a construction business entity, “D Co., Ltd.” located in Gangwon-gun, Gangwon-do, through a loan broker, such as a certificate of qualification, and received the price of KRW 2.5 million from E.

Accordingly, the defendant lent his career certificate to another person.

2. Defendant F is the representative director of the construction company, “D Co., Ltd.”.

No person shall lend the career certificate of construction technology from any third person.

Nevertheless, the Defendant borrowed the construction engineer’s “Special Grade A technician in the Construction field” from June 1, 201 to April 2012, the construction engineer from June 1, 2011 to the end of April, 2012.

3. Defendant D Co., Ltd. is a corporation established for the purpose of building business.

The Defendant, as stated in paragraph (2) above, committed a violation against F, a representative of a corporation, in relation to the business of the corporation.

Summary of Evidence

1. Defendants’ legal statement

1. Report on the offender's domicile and domestic investigation;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Defendant A of the pertinent Article of the Construction Technology Management Act concerning criminal facts: Defendant D corporation under subparagraph 4 (a) of Article 42-2 of the Construction Technology Management Act: Articles 44 (2) and 42-2 of the Construction Technology Management Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 and 69(2) of the Criminal Act for detention in a workhouse (Defendant A and B);

1. Article 334 (1) of the Criminal Procedure Act: