2015 Highest 1881, 2015 Highest 3896 (Separation)

(a) Occupational death;

(b) Injury by occupational negligence;

(c) Violation of the Building Act;

(d) Violation of the Public Health Control Act;

(e) Violation of the Electric Appliances Safety Control Act;

(f) Violation of the Electrical Construction Business Act;

(g) Occupational embezzlement;

1. (a) . (b) . (c) d. g. Kim ○ (62 - 1), panty (squeing)

Village)

2. (a) . (b) b. (d) Maumk (63 - 2) Maump panty (sque tampma);

B)

3. A. (b) Kim ○ (69 - 1) and other employees;

4. E. ○○ (60 - 1) and other projects.

(f) Kim (i) (58 - 1) and company members.

6.F. Materns (67-1) and electrical construction business (new erokes);

Lee Young-young (Court Prosecution) and Kim late (Court Trial)

Attorney Park Jong-hee (for defendant Kim ○)

Attorney Park Jong-chul (Attorney Kim Jong-chul, Counsel for defendant Kim Jong-tae and Kim Gyeong-chul)

Attorney Kim Sung-hwan (for defendant Lee Sung-hoon)

Attorney Park Jin-jin (Defendant Kim ①, Mail for the purpose of this Act)

December 16, 2015

Defendant 00,000,000 won by imprisonment with prison labor for three years and a fine of one million won by imprisonment with prison labor for a term of one year and a fine of one million won for a defendant Kim Man, Defendant Kim Man-○ shall be punished by imprisonment without prison labor for ten months, Defendant Kim Man-○ shall be punished by a fine of five million, Defendant Kim Man-○, and this shall be punished by a fine of one million won.

Defendant 0, 00,000 won and 1.0,000 won and 1.0,000 won and 1.0,000 won and 1.0,000 won and 1.0,000 won and 1.

However, the execution of the above punishment shall be suspended for two years from the date when this judgment became final and conclusive. Defendant Kim○○, Kim Jong-dong, ○○○○, Kim Jong-dong, and 1, and this shall order this person to make a provisional payment of an amount equivalent to the above fine.

Facts of crime

“2015 Highest 1881

1. Defendant Kim ○, Kim Man, Kim Man, and Kim Man's joint criminal conduct by Defendant Kim Man, Kim Man's Kim Man', and Defendant Kim Man's Man's cos

Defendant ○○○○, and Mandong 27-2 of the Act on the Establishment of Scenic Village on April 18, 2014. Defendant Kim○○, and Mandong 27-2 of the Incheon, its possession, from the present date of May 15, 2014, were registered as the representative director respectively, Defendant Kim○○, and Defendant Kim Jong○, who had been in charge of managing the instant camping camp from around June 2014 to around 15, 2014, leased the same area of 60 square meters and 872 square meters at the same time as the detached house of the above ground, and from around June 2014, Defendant 1 maintained and maintained the instant area from around 200 to around 30, 205, and Defendant 10 and 15, respectively.

Defendant 0○○, Kim Manton planned to install a curriculum for accommodation at the instant camping site, purchased six of the ‘digram’ in the shape of the original horns around June 2014 ( direct diameter 6 meters, 5 meters in height, and 28 square meters in the floor area) and operated a content distributor at the site of the instant camping site, install a string of large trees on the site of the instant camping site, install six strings in a way that the outer fee and internal feet are installed, connects electric wires for power supply to each of the contents, and keep one string, television, wire, wind, and lighting fixture, respectively, within the string area. From around that time, the head of the instant camping site was provided to the guest.

On the other hand, if the above content of the environment provides to customers for accommodation purposes, electric facilities installed in the room are relatively higher than the indoors with water leakage or combination possibility due to drinking, and it can be easily moved to the stude in the stude, internal feet, etc. when a fire occurs in the stude, so a more duty of care is required than the accommodation with ordinary guest rooms. As such, the Defendants, who protect the life and body safety of the guests and are responsible for preventing fire-fighting accidents, have a duty of care to prevent the spread of the stude and the spread of the stude (fire causes), and to take measures to promptly evacuate and rescue the guests at the beginning of the fire, have a duty of care to prevent the spread of the stude by controlling the danger of fire in advance, preventing the spread of the stude (fire causes), and to promptly evacuate and rescue the guests.

However, Defendant Kim ○, Kim Man, and Manton used the heat resistant fire-prevention material that can with the maximum degree of fire in selecting the structure of the material of the content and the content, but the content was installed using the outer volume of the gyst bus and the internal volume of the polyste material, and put them into the transparent plastic, silver strawing agents between the external fee and the internal feet for the purpose of waterproof and heating, with a transparent plastic, in which the external feet was put into the external feet and the external feet was installed. ② Although the string and portable emergency lighting were installed inside the content, they did not have a separate alarm type and portable emergency lighting inside the content. ③ Although there was a door of 1 meter size, the inner feet was installed, but it was hard to distinguish the internal fire, ④ The fire extinguishing equipment such as fire extinguishing equipment was installed in the vicinity, making it difficult to properly manage the external fire extinguishing condition, making it difficult to work in the middle.

In addition, from March 10, 2015, Defendant Kim Jong-si was in charge of the maintenance and management of the instant camping site from around March 10, 2015 and neglected the duty to install and manage fire extinguishing facilities, such as fire extinguisherss, while leaving the entrance door in which it is difficult to identify the internal light light.

Ultimately, around 02:09 on March 22, 2015 due to a fire that occurred in the camping site of this case from 2 to 02: (a) the Defendants jointly caused five persons, including the victim ○○○ (37 years of age), Lee ○○ (4 years of age), Lee ○, Lee ○ (36 years of age), and Professor ○○ (6 years of age), and Lee ○○ (6 years of age) to die in the said content, and caused the victim Lee○○ (6 years of age) who was diving in the said content to die in the said content to suffer from a fire death; (b) the victim, who was locked in the said content, was able to obtain approximately 8 weeks of treatment, such as finger trees, pictures, etc. requiring 3 years of age, and 3 days of humconcing from the said content to the victim ○○ (6 years of age), and the victim’s humconcing 1 to the victim, respectively, who did not know about 4 days of pam.

2. Joint criminal conduct by Defendant Kim○-○ and Kim○-○

(a) A person who intends to extend the total floor area of a violation of the Building Act within 85 meters shall report it to the competent authority;

Nevertheless, the Defendants conspired to report to the competent authority on July 2014 without reporting it, and extended shower and repair units to the outside wall of the detached house located at the location of the above "1" on the aggregate of 18.3 meters of the floor area to the panel structure in the size of 18.3 meters.

(b) A person who intends to run a public health business in violation of the Public Health Control Act shall have the facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for each type of the public health business and report

Nevertheless, the Defendants conspired to report to the competent authority without reporting it. From June 2014 to June 2015.

3. Until December 22, 200, from the 's 's scenic camping village' in the above Section 1', a non-reported accommodation business was conducted in the manner of receiving accommodation expenses of 250,000 won per day from the guests in the case of guest rooms, and 150,000 won per day in the case of Indian City.

3. Defendant Na○○

The defendant is a person who operates a research and development enterprise of "Jincheon-si University 406, Jincheon-si, 1007, in the name of "Yancheon-do Energy Business Start-up Co., Ltd." (hereinafter referred to as "Yancheon-si").

No electrical appliances without the safety certification mark, etc. shall be imported, displayed, or stored for the purpose of selling, lending, or selling or lending electrical appliances.

A. Nevertheless, around June 6, 2014, the Defendant sold a product consisting of 1.4 million won and 1.4 million won at the camping site in the instant camping site from Kim○○, and without safety certification marking, on the floor inside the camping site.

B. Nevertheless, around December 17, 2014, the Defendant: (a) received one million won from ○○○ to sell products that combine the surface heat with temperature control devices without a safety certification mark; (b) sold the products to be installed on the floor of the guest rooms of No. 303, 305, and 306, the guest rooms of No. 306.

4. Defendant Maternum;

The defendant is a person who operates an electrical construction company in the trade name of "Shoeco Co., Ltd." in Nam-gu, Nam-gu, Incheon.

No constructor shall allow another person to receive or execute electrical construction by using his/her name or trade name or lend his/her registration certificate or registration pocket book to another person.

Nevertheless, on May 2014, the Defendant: (a) used the company name to use the company name (i) at the above place; (b) demanded the supply of electricity construction work equivalent to three million won of the construction amount from Kim○○; and (c) around that time, the Defendant had the said company perform the said construction work with its trade name at the instant camping site under Paragraph (1) of the same Article.

5. Defendant Kim ①

The Defendant received electricity expansion works equivalent to three million won in construction amount from Kim○, using the trade name of Dan Back Co., Ltd. operated by Dan Back, at the same time and place as above 5's '5', and around that time performed construction work with the above company's trade name at the camping site of this case as stated in '1'.

"2015 highest 3896 defendant Kim ○ is the director of the 's scenic camping village' corporation, the lodging chain, and the victim Kim Mackn was the representative director of the above company, and the defendant has been engaged in the maintenance and management of the 's scenic camping village' operated by the above company in Incheon-do Macro 27-2.

Defendant ○○, from around September 2013, in order to use it for the purpose of exit and leaving, Defendant ○○ sold at his own discretion and embezzled the above Obaba on November 2014, when he was in the custody of the victim for the sake of the victim after being handed over one of the victim’s possession of 4596 Obaba, Seoul, the victim, on the part of his occupation.

Summary of Evidence

【2015 Highest 1881】

1. Each legal statement of Defendant Kim○-○ and Kim○-○

1. A witness Kim Man, Kim, Park Gan, Park - Man, and a statutory statement in each of the several legal statements;

1. 피고인 김○○, 김◎ ◎, 김, 배○○에 대한 각 검찰피의자신문조서

1. A protocol concerning the examination of each of the police officers against Defendant Kim○-○, Kim Jong-soo, Kim Jong-chul, and Lee ○○;

1. Statement of each police statement made by each police statement made by one of the following persons: gambling, ceiling, gambling, - - Kim -, transmission, distribution, distribution - -, Kim -, Kim -, Kim - Kim -, Kim -, i.e., knives, knives (i.e., knives (i., knives), Ob

1. Each body autopsy report, each body autopsy report, each request for appraisal, each body autopsy report, and each request for appraisal; 1. Medical fees and diagnosis reports;

1. Fire field photographs, a report on the occurrence of a real estate lease contract (fire), a report on the occurrence of a fire (explosion), a report on the occurrence of a fire (explosion confirmation), a general building register, each land cadastre, each certified copy of register, a scenic camping village, a certified copy of a corporate registry, a business registration certificate (a scenic camping village), three copies of a detailed statement, a copy of a personal content design, and a letter pen;

1. As a result of the fire extinguishing confirmation, investigation report (the duty of care of the head of a camping station for the same kind of business and camping site), results of appraisal request for flame retardation treatment, practical survey report, site photo, investigation report (the electrical construction-related matters), records of inspection before use, certificate of pre-use verification, national technical qualification certificate, electrical construction business registration (gold luminous power), application for electricity use, business registration certificate (gold luminous power), internal detailed photographs, investigation report (the same type of luminous tamping and investigation report), photographs, first-class photo, site photo, housing site photo, certificate of subscription to fire insurance, electrical construction certificate, electrical construction engineer, list of stockholders, details of national pension transaction report, inspection report, notification on the installation of accommodation facilities and equipment, notification of the results of investigation (the inspection report on the installation of accommodation facilities and equipment), detailed statement on the survey report (the inspection report on the inspection report on the order of entry into an immigration clearance report, etc.), (the inspection report on the installation of equipment and equipment), detailed statement on the list;

[2015 Highest 3896]

1. Legal statement of the witness Kim Il;

1. A protocol concerning the examination of suspect against Defendant Kim ○-○;

1. Statement of the police statement on Kim Mad Family;

1. Domestic investigation reports (as regards Obaba sales sets), internal investigation reports (as regards Kim Paba business owners and telephone conversationss);

1. Determination as to the defendants' assertion on the register of automobiles, register of two-wheeled automobiles, register of chassiss, chassiss, and general automobile tax particulars

1. Determination on Defendant Kim○-○’s assertion

The judgment on the assertion that Defendant Kim○ was not negligent in the operation of the camping site because he had already not participated in the operation of the camping site at the time of the instant fire, and that the instant fire was due to Defendant Kim○-○’s negligence.

According to the evidence duly adopted and examined by the court, the following circumstances are acknowledged. When comprehensively examining these various circumstances, Defendant Kim ○ did not manage the camping site of this case from February 2014 to February 10, 2014. From March 10, 2014, Defendant Kim ○ managed the camping site of this case by Defendant Kim ○, a woman’s birth at his/her birth upon his/her request, the fact that Defendant Kim ○ managed the camping site of this case cannot be deemed to be exempted from the duty to manage the camping site of this case in relation to the fire of this case, and Defendant Kim ○ still bears the duty of care as stated in the crime of this case.

① Defendant Kim ○ had a prospectus from Defendant Kim Man, and explained about the project prospects of the instant camp, etc., Defendant Kim ○ was led to the establishment of a camping place.

② Defendant Kim ○ fully borne KRW 130,000,000,000 necessary for the establishment of the instant camping place. The shares of Defendant Kim○○○ was 34% of the shares of the beautiful camping village, Defendant Kim○○○, and Defendant Kim Don’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s investment in total, and Defendant Kim○ led Defendant Kim○ to lease the site of the instant camping place, select a construction company, and carry out construction works, determine the installation of various kinds of data, such as electric facilities, and fire prevention facilities, etc.

④ Even after the establishment of the instant camping site, Defendant Kim○○ was in charge of installing, maintaining, and managing the instant camping site facilities from June 2014 to February 2015. On February 2015, 2015, Defendant Kim○ was not in charge of maintaining and managing the camping site facilities in the part of the safety management, such as electric facilities, fire-fighting systems, and heat conditioning, without any acceptance and transfer.

⑤ Defendant Kim○-○ still maintained the status of a corporate director as the largest shareholder of the common business starters interest of beautiful camping village at the time of the instant fire. Therefore, it is also deemed that Defendant Kim○ has the duty to maintain and manage the instant camping site facilities.

○ Violation of the Public Health Control Act

Defendant 00 asserts that Defendant Kim ○ did not have a duty to report under the Public Health Control Act in the case of Indian Doctriart, and even if he did a duty to report, Defendant Kim Mack, a representative director

In light of the above various circumstances, it is reasonable to view that Defendant Kim ○ and Defendant Kim Man-kick constitutes a person jointly engaged in the business of the instant camping and the obligation to report all the two persons, and thus, the above argument is rejected, since the above argument is tenable to view that Defendant Kim kn-kick and Defendant Kim kn-kick are the persons jointly engaged in the business of the instant camping site and the two persons are responsible for the duty to report.

2. Determination on Defendant 1’s assertion

The defendant asserts that the surface heat and temperature control do not constitute electrical appliances subject to the safety certification mark, etc.

The electrical appliances subject to safety certification or electrical appliances subject to safety certification mean electrical appliances deemed capable of preventing danger and injury by means of safety certification or product testing, among electrical appliances deemed highly likely to cause fire, electric shock, etc. due to their structure and method of use. (Article 2 subparag. 3 and 4 of the Electrical Appliances Safety Control Act), and Article 3(1) [Attachment 2] of the Enforcement Rule of the Electrical Appliances Safety Control Act provides that electrical appliances and appliances are prescribed as electrical appliances subject to safety certification, and appliances similar to those under subparag. 7’s item (j) through subparag. 7’s item (Ga) are also defined as appliances subject to safety certification. According to the response of the Director of the National Technical List, if the electrical appliances are exposed only to the products itself, which are combined with temperature saving machine and surface heating heat, and if moving is possible, the Defendant’s assertion that electric appliances are similar to electric appliances subject to safety certification under the Electrical Appliances Safety Control Act should not be interpreted as “electric appliances and electric appliances subject to safety certification” under Article 7(2) of the Enforcement Rule.

3. Judgment on the claim between the defendant and the defendant 2, 1.

Defendants asserts that they did not lend their certificate of registration for electrical construction business.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, (i) Defendant Kim Il-kak's request for the electrical construction of this case from Defendant Kim Il-kak's operator, (ii) Defendant Kim Byung-kak's operator made a verbal contract with Defendant Kim Il-kak's operator with the contents of the construction contract and the construction amount; (iii) Defendant Kim Byung-kak's management from the contract, such as the purchase of construction materials, daily workers' employment, and submission of related documents, and the approval procedure for the Korea Electrical Safety Corporation; and (iv) Defendant Kim Jong-kak's operator did not participate in the process of concluding the contract, and there was no evidence with Defendant Kim Il-kk's employee to participate in the construction of this case; and (iv) Defendant Kim Jong-k's operator did not submit the documents to the new settlement committee in the name of Defendant Kim Jong-k Kim K-kak's operator, but there was no evidence to acknowledge the construction price deposit of this case to Defendant Kim Jong-k's operator.

1. Article applicable to criminal facts;

○ Defendant Kim○-○: Article 268 of the Criminal Act; Article 268 of the Criminal Act; Article 268 of the Criminal Act; Article 111 Subparag. 1 and Article 14(1)1 of the Building Act; Article 20(1)1 and the former part of Article 3(1) of the Public Health Control Act; Article 30 of the Criminal Act; Articles 356 and 355(1) (a) of the Criminal Act (a point of occupational embezzlement)

○ Defendant Kim Wil: Article 268 of the Criminal Act (the point of occupational negligence, death, etc.), Article 268 of the Criminal Act (the point of occupational negligence, death, etc.), Article 11 subparag. 1 and Article 14(1)1 of the Building Act, Article 20(1)1 and the former part of Article 3(1) of the Public Health Control Act, Article 30 of the Criminal Act

○ Defendant Kim-○: Article 268 of the Criminal Act (the point of occupational death and injury by occupational negligence), Article 268 (the point of injury by occupational negligence) and Article 30 of the Criminal Act

○○○○: Article 25 subparag. 5 and Article 7(1) of the Electric Appliances Safety Control Act; selection of fines

Defendant 1, 1, 10 of the Electrical Construction Business Act, Articles 42 subparag. 3 and 10 of the former Electrical Construction Business Act, and each fine.

Articles 40 and 50 of the Criminal Code (the punishment for the death by occupational negligence, each of the crimes of bodily injury by occupational negligence, each of the crimes of bodily injury by occupational negligence, and the punishment for the crime of bodily injury by occupational negligence against the victim ○○○ (the fourth-year old) with the largest penalty) of the Criminal Code

1. Selection of the punishment (Defendant Kim○, Kim Man, Kim Il-○, and Kim Il-○): Selection of imprisonment without prison labor and the violation of the Public Health Control Act regarding the crime of occupational negligence death;

Defendant ○○: Selection of imprisonment without prison labor for the crime of occupational death

1. From among the concurrent crimes (Defendant Kim○, Kim Mail);

Articles 37 (former part), 38 (1) 2, 38 (2), and 50 of the Criminal Act

1. Detention in the workhouse (Defendant Kim○, Kim Man, Man, Man○, Kim ①, Manknum);

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution (Defendant Kim);

Article 62(1) of the Criminal Act

1. Order of provisional payment (Defendant Kim○, Kim Man, Man○, Kim (i), Manknives);

Article 334(1) of the Criminal Procedure Act

Defendant ○○○○○○○, Kim Man, Kim Man, and Kim △△△, died of five victims, and two victims suffered from bodily harm, such as image, etc., three victims are children at the age that they had not yet been exposed, the occurrence of the accident in this case and the expansion of damage, and the Defendants’ negligence on the occurrence of the accident in this case and the occurrence of damage, and the occurrence of the victims’ damage, etc., and the victim’s damage did not have been recovered, etc., which are disadvantageous circumstances, Defendant Kim Man, and Defendant Kim Man, and Defendant Kim Jong-tae, recognized the crime, and are in violation of their depth. Defendant Kim Man, recognized the crime, and managed the camping site for a short time at his request, Defendant Kim ○○ was not in the camping site at the time of the accident, the Defendants’ roles related to the operation of the camping site, and other factors indicated in the order of sentencing, such as the age, character and environment, motive, means and result of the crime, etc.

○○○○○○, Kim ①, and Lee Mail, taking into account the contents of each of the crimes in this case, the background leading up to the commission of the crimes, the criminal records, age, character and conduct, and environmental means and results, and the conditions of sentencing specified in the pleadings in this case, such as the circumstances after the commission of the crime.

Judges Park Tae-ok