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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단161
소방시설공사업법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendants partly revised the facts charged to the extent that it does not materially disadvantage the Defendants’ exercise of their defense rights.

1. Defendant A is a substantial representative of the Company B.

A person who intends to conduct fire-fighting system installation works, etc. for specific fire-fighting objects shall register a fire-fighting system business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch office after meeting the requirements prescribed by Presidential Decree, including capital (referring

Nevertheless, the Defendant did not register the fire-fighting facility business, and installed the fire-fighting facilities of the building in Ilyang-gu, Yongsan-gu, Seoul from April 2016 to February 24, 2017 (Automatic fire detection equipment, indoor fire hydrant, sprinkler, connecting water pipe, etc.).

2. Defendant B, a substantial representative, committed the same offense as that of the Defendant’s business as that of the foregoing paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A letter of the holder of D (No. 6 No. 1133);

1. Report of investigation (specific suspect);

1. A report on detection of a violation of the Act on the Business of Fire-Fighting Systems, a report on violation of the Act on Fire-Fighting Systems and a statement of business trip

1. Business registration certificate and certificate for all registered matters;

1. Application of the statutes on contracts for construction works;

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

(a) Defendant A: Articles 35 and 4(1) of the Act on the Construction Business of Fire-Fighting Systems and selection of fines;

(b) Defendant B corporation: Articles 39, 35, and 4(1) of the Fire-Fighting Facility Construction Business Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: In light of the legislative purpose of the Fire-Fighting Facility Construction Business Act to ensure public safety from fire on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the Defendants’ criminal liability is not weak.

However, it is the same criminal record as the defendants recognize all the crimes of this case and reflect their mistakes.

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