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(영문) 부산지방법원 2014.04.04 2014노244
국가기술자격법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) Defendant B, C, D, E, and F are free to commute to and from work, but if necessary, they actually worked for Company G by Defendant A’s instructions. Thus, the court below found that the above Defendants lent national technical qualification certificates, such as cadastral articles, to Defendant A, and found the Defendants guilty of the facts charged in this case.

(1) (2) The loan of Defendant B, C, D, E, and F is a certificate of technical experience for the construction (survey) of cadastral engineer or cadastral industrial engineer. Thus, even though Article 42-2 of the Construction Technology Management Act is applied in this case, the judgment of the court below which found the Defendant guilty of the facts charged in this case by applying Articles 26(3) and 27 of the National Technical Qualifications Act.

(2) b).

Each sentence of the lower judgment against the Defendants on unreasonable sentencing (Defendant A, Company G: each fine of KRW 3,00,000, and each fine of KRW 1,000,000 for the remaining Defendants) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In light of the first argument, the court below acknowledged that the above Defendants lent national technical qualification certificates, such as cadastral engineers, to G, based on the following: (a) Defendant B, C, D, E, and F did not have any particular time to commute to and from work and did not work actually; (b) there was no certain place in the office; (c) the names of full-time employees working in the company G were not properly memoryed; and (d) most old employees were left from public office and left without any special occupation until they were registered in G; and (b) the above Defendants leased the above Defendants’ national technical qualification certificates, such as cadastral engineers, to G, regardless of the amount of work or service period, etc.

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