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(영문) 수원지방법원 성남지원 2018.04.17 2017고정1055
국가기술자격법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A or B fails to pay each of the above fines.

Reasons

Criminal facts

Defendant

A is the representative director of C, and the defendant C is a corporation with the purpose of underwater construction business, and the defendant B is the holder of the national technical qualification certificate (qualification number: D) of diving technician.

No person shall lend or lend a national technical qualification certificate issued by the competent Minister to any third person, or arrange the lending.

1. Defendant A needs to be employed by Defendant A who acquired an essential qualification certificate in the process of registering underwater construction business with respect to Co., Ltd. in the process of registering his/her underwater construction business with respect to Co., Ltd. at the time of Sungnam-si around June 18, 2013 from C office located in Sungnam-gu building E.

D. The certificate of national technical qualification of sericultural technicians is leased.

“To propose”, from the above date to March 14, 2014, the above B borrowed the national technical qualification certificate of diving technician from the above B.

Accordingly, the defendant borrowed the national technical qualification certificate to another person.

2. As described in paragraph (1), Defendant B lent a diving technician’s national technical qualification certificate to the above A from June 18, 2013 to March 14, 2014.

Accordingly, the defendant lent national technical qualification certificate to another person.

3. The Defendant Co., Ltd., as stated in paragraph (1), lent a national technical qualification certificate to the Defendant’s representative director for the business of the corporation.

Summary of Evidence

1. Entry of each part of the defendant A and B in the fourth public trial record;

1. Entry of the witness G in part of the third public trial record;

1. Application of the Act and subordinate statutes to C benefit ledger, details of transfer of benefit payment account, and copies of documents of registration of specialized construction business;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A and B: Article 26(3)1 of the former National Technical Qualification Act (Amended by Act No. 12625, May 20, 2014; hereinafter the same shall apply); Article 15(2) of the National Technical Qualification Act; the choice of fines

B. Defendant C: Article 27 of the National Technical Qualification Act; Article 26(3)1 of the former National Technical Qualification Act.

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