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The sentence of punishment against the Defendants shall be suspended.
Reasons
Punishment of the crime
1. The defendant A is the representative director of the corporation B established for the purpose of installing exhibition devices and design service business.
Although the national technical qualification certificate is not lent to another person, in order to meet the qualification requirements to obtain the registration certificate (D) of the indoor construction business type among the businesses of the stock company B that the defendant was registered as the representative director, the defendant Eul borrowed the qualification certificate of the national technical qualification witness computer application construction system technician acquired by F from May 1, 2013 to October 1, 2013.
2. Defendant B, the representative director of the Defendant corporation, committed the act of lending the above qualification certificate to Defendant A.
Summary of Evidence
1. Defendants’ respective legal statements
1. Police suspect interrogation protocol regarding F;
1. Application of statutes governing national technical qualification certificates;
1. Article applicable to criminal facts;
(a) Defendant A: Article 26 (3) 1, and Article 15 (2) of the National Technical Qualifications Act;
(b) Defendant B: Articles 27, 26(3)1, and 15(2) of the National Technical Qualifications Act;
1. Selection of each alternative fine for punishment;
1. Articles 70(1) and 69(2) of the Criminal Act (1) (100,000 won a day) in the workhouse;
1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the suspended punishment: fine 1,00,000 won for each of the charges in this case; the reason shows that the Defendants recognized all of the charges in this case; some of the circumstances may be considered in the circumstances in this case; the period of this case is short; the Defendant A voluntarily obtained a certificate of qualification as a construction design technician before the investigation in this case begins; and the Defendants did not have any history of being punished for the same kind of error); and the circumstances are taken into account such as: