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(영문) 의정부지방법원 2016.11.10 2016고정1743
국가기술자격법위반
Text

Defendants shall be punished by a fine of KRW 2,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of B Co., Ltd. located in both weeks C and 2, and Defendant B Co., Ltd is a corporation established on August 8, 1996 for the purpose of painting construction business.

1. No person who is a defendant A shall lend his/her national technical qualification certificate to another person;

Nevertheless, from June 1, 2011 to January 19, 2012, the Defendant received loan amounting to KRW 100 to 150,000 per year from a person holding a national technical qualification witness qualification certificate from a person holding a license for a specialized construction business of a company B, and lent the above license certificate to D with a view to meeting the license requirements for a specialized construction business.

2. The Defendant Company B, as in paragraph (1), was leased his qualification certificate to another person with respect to his business by the representative of the Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes on trading lists by account;

1. Article 26 (3) 1 and Article 15 (2) of the former National Technical Qualifications Act (Amended by Act No. 12625, May 20, 2014; hereinafter the same shall apply); Defendant B who is selected from a fine: Articles 27, 26 (3) 1 and 15 (2) of the former National Technical Qualifications Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for each order of provisional payment shall be determined as the same in light of the fact that the Defendants do not have any previous error.

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