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(영문) 의정부지방법원 2018.11.29 2018고정1353
자격기본법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who acquires a private license to distribute electricity and holds a private license.

No person shall lend his/her qualification certificate he/she has acquired to any third person or obtain a lease of his/her qualification certificate acquired by another person.

Nevertheless, around April 17, 2014, the Defendant received KRW 3 million from D to the Defendant’s National Bank Account (E) of the Defendant’s National Bank Account, and lent a private qualification certificate to the company above, which is a private qualification certificate (F).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to D;

1. An investigation report (in relation to lending of A qualification certificate, and reporting accompanied by account details, etc.);

1. Application of Acts and subordinate statutes to a criminal investigation report (a verification of the qualification certificate for power distribution activation);

1. Article 40 of the relevant Act on criminal facts, subparagraph 5 of Article 40 of the Framework Act on the Qualifications for Selection of Punishment, and Article 31 (2) of the same Act, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order shows an attitude against the defendant when committing a crime.

On the other hand, however, in this case, the defendant's lending of the certificate of qualification for the payment is less severe.

The punishment shall be determined by comprehensively taking into account the following factors: (a) the balance of general punishments in the same and similar cases; and (b) the details and circumstances before and after the crime in this case; (c) the age, sex, environment, etc. of the defendant.

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