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(영문) 서울중앙지방법원 2017.08.18 2017고정1628
건설기술진흥법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Framework Act on the Construction Industry at the Incheon District Court, and the said judgment became final and conclusive on the 30th of the same month.

The Defendant: (a) in collusion with B, C, and D to establish a construction company by lending construction technology career certificates; (b) around January 2015, the F Party located in Gwanak-gu in Gwanak-gu in Seoul Special Metropolitan City through B and C, the Defendant’s identification card, seal imprint certificate, seal imprint certificate, proxy certificate, passbook, etc. necessary for the establishment of the company; and (c) D, a company acquired from G on February 16, 2015, was incorporated into the instant company in the name of “I” (hereinafter “instant company”); (c) the Defendant loaned the Defendant’s identification card, seal imprint certificate, seal imprint certificate, proxy certificate, passbook, etc.; and (d) D, a company acquired from G on February 16, 2015, under the name of “I” (hereinafter “instant company”); and (d) the J lent the construction engineer J registered in H

3. Until January 31, 201, K from January 13, 2015 to the same year.

2. Until December 28, 200, the instant company registered as a technician.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect prepared by a judicial police officer against the defendant;

1. A report on investigation (a report accompanied by details of changes in the I Technician);

1. Data, such as details of changes in I construction engineers, and a certificate of work experience in construction technology;

1. Certified copy of the corporate register, construction business registration certificate, business registration certificate, and judgment;

1. Previous convictions in judgment: Inquiry of criminal and investigation career data, and application of the text of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Article 89 subparagraph 3 (b) and Article 23 of the Construction Technology Selection Promotion Act, and Article 30 of the Criminal Act;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

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

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