(영문) 서울북부지방법원 2016.9.1.선고 2016고정1229 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

Although no person conducts construction works or construction technology service by using another person’s name or borrows construction technology from a third person’s career certificate, the Defendant, from around May 12, 201, through B, 3.2 million won, from the Defendant’s office located in Seoul ○○○○○○○○○○○○○○○○○○○○, in return for borrowing the career certificate of civil engineering from C, and from May 19, 201, paid KRW 3.2 million to the above B in return, around August 10, 2011. Around August 26, 2011, he/she borrowed the career certificate of civil engineering from D to the above B in return for such loan. Around September 25, 2011, the Defendant paid KRW 3.9 million to the above B in return for taking the career certificate of construction technology of civil engineering from D to the above B in return for taking the career certificate of construction technology of civil engineering from around September 25, 2011.

Accordingly, the defendant borrowed another person's career certificate of construction technology three times.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each written statement of D and E;

1. A scheduled report on the arrival of domestic animals;

1. A list of insured persons at the place of business of the National Pension Service, the details of loans and deposits and withdrawals of brokerage fees, and the application of statutes on the current status of ○○ Construction Engineers

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 42-2 Subparagraph 4 (b) and Article 6-3 (2) of the former Construction Technology Management Act (amended by Act No. 10719, May 24, 201) (Selection of Fines)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act