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(영문) 부산지방법원 2013.11.14 2013고정3357 (1)
소방시설공사업법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

B Co., Ltd. is a corporation established for the purpose of 28 types of business, including housing construction business, and the defendant was the representative director of B until November 4, 2012.

C A corporation is a corporation established for 22 kinds of businesses, such as housing construction projects, and D is a representative director of C corporation.

1. An interested person of a specific fire-fighting system construction business shall subcontract fire-fighting system construction business to the fire-fighting system construction business operator;

On February 29, 2012, the term of office of the representative director B, the Defendant, on February 29, 2012, contracted to C Co., Ltd., which did not register fire-fighting system installation business in Seo-gu Busan, Seo-gu, Busan, for a total of KRW 1,540,000,000.

2. Where an interested person of a specific fire-fighting object not designated as a supervisor conducts fire-fighting system installation works, he/she shall appoint a supervisor to supervise fire-fighting system installation works;

From May 3, 2012 to December 6, 2012, the date of detection, the Defendant did not designate a supervisor while performing construction of sprinklers and indoor fire hydrant facilities, etc., which are fire-fighting systems at the construction site of the said E-House from May 3, 2012.

Summary of Evidence

1. Each police interrogation protocol against the accused, D, or F;

1. Application of Acts and subordinate statutes to the official gazettes requested to be a person related to fire-fighting, standard contract for private construction works, subcontract contract, report on the commencement of fire-fighting system installation works, and written notification for designation

1. Relevant Articles 36 and 36 subparagraph 5 of the Fire-Fighting System Installation Business Act, Article 21 of the Fire-Fighting System Installation Business Act, subparagraph 4 of Article 36 and Article 17 (1) of the Fire-Fighting System Installation Business Act and the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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