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(영문) 울산지방법원 2016.01.21 2015고정1306
소방시설공사업법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who was the chairperson of the Ulsan-gu Residents' Representative Council.

Any person who contracts fire-fighting system installation works for specific fire-fighting objects shall do so to a construction business operator who has registered his/her fire-fighting system installation business with the competent authority.

And electrical construction should be ordered separately from other types of construction work.

Nevertheless, on January 14, 2013, the Defendant contracted fire-fighting system installation works for the above apartment that is a specific object of fire-fighting to E, a company that did not register the fire-fighting business in the above apartment, and at the same time ordered the above apartment repair works to D Co., Ltd., and also ordered electrical construction works.

Summary of Evidence

"2015 High Doz. 1306"

1. Partial statement of the defendant;

1. A written statement;

1. A written accusation and a public official statement (G);

1. Standard contract for private construction works;

1. Investigation report (verification report of a fire-fighting system installation business entity) 2015 high-level 1422;

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. G statements;

1. A written accusation;

1. Application of the statutes on standard contract for private construction works;

1. Article 36 subparagraph 5 and Article 21 of the Act of the Fire-Fighting Systems Business for Criminal Facts; Articles 43 subparagraph 4 and 11 (1) of the Act of the Electric Construction Business;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (in light of the facts of this case, it is reasonable to regard one act as substantially satisfying several constituent requirements)

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The alleged defendant is merely a member of the board of directors upon the resolution of the tenant representative meeting. Thus, the defendant's act in its holding constitutes a justifiable act that does not violate social rules and regulations, which is due to acts or duties under related Acts and subordinate statutes such as the Housing Act.

2. Determination under the Criminal Act.

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