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(영문) 부산지방법원 2018.06.26 2018고정132
국가기술자격법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, Defendant B, and C, respectively, by a fine of KRW 4 million.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

C On September 27, 2017, the Busan District Court was sentenced to two years of suspension of execution on October 11, 2017 for the crime of giving bribe, and the judgment became final and conclusive on October 11, 2017.

1. Defendant A and Defendant C are the co-representative of the building in Busan Shipping Daegu G, and the joint representative director of H Co., Ltd. (hereinafter “H”) located in No. 1703.

As the Defendants retired from office as a high-class technician in the field of harbor in H lack of qualification requirements to participate in the port design service tender ordered by the State and local governments, the Defendants were offered to introduce the first-class national technical qualification certificate for civil engineering engineer B and use the port design service tender with the qualification certificate borrowed from H to the employees of H, such as false representation, and offered to supply the port design service if H is ordered to receive the port design service, and the license fee is to be paid to H and Defendant C by sharing the license fee.

Accordingly, from September 1, 2015 to January 31, 2015, Defendant A was registered as an employee of H as if he/she had employed a Class 1 national technical qualification certificate for civil engineering engineer at H, and used a Class 1 national technical qualification certificate for civil engineering engineer issued by the Human Resources Development Service of Korea, which he/she possessed by Defendant A. In return, Defendant A paid KRW 21,710,870 in total as rent for 18 times from November 30, 2015 to April 28, 2017, and Defendant C paid KRW 500,000 in total as rent for 16 times each month from September 30, 2015 to January 31, 2017.

As a result, the Defendants conspired to borrow the first-class national technical qualification certificate for civil engineering engineer B.

2. Defendant B lent to H a certificate of national technical qualification of class 1 civil engineering engineer at the time of the day indicated in paragraph 1, and in return, Defendant B received KRW 29,710,870 as a loan fee from A and C as above.

Accordingly, the defendant lent the first class national technical qualification certificate to civil engineering engineers.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police of H. H.

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