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(영문) 청주지방법원 2017.07.25 2016고정922
건설기술진흥법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person with a national technical qualification witness qualification certificate on June 1, 1988.

No construction technician shall allow another person to perform construction works or construction technology services in his/her name or lend his/her national technical qualification certificate to another person.

Nevertheless, the Defendant: (a) from May 11, 201 to October 31, 201; (b) from October 1, 2013 to April 23, 2014; (c) from October 201 to December 28, 2014 to December 28, 2015, the Defendant requires an employee with a certificate of qualification to establish a construction company; and (d) from D’s director E, “where construction works are carried out, it is necessary for the employee with a certificate of qualification to register as an employee with a certificate of qualification who holds a construction engineer in the above D (State); (c) upon request, the Defendant registered as an employee with a certificate of qualification in the above D (State) but did not work normally for the company or did not work for the company.

Accordingly, the defendant lent a national technical qualification certificate to D (State) and let D (State) perform construction work.

Summary of Evidence

1. Legal statements from witnesses E and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Details of financial transactions;

1. A full statement of insured status history;

1. Application of Acts and subordinate statutes to a certificate of matters regarding national technical qualification and a certificate of construction engineer;

1. Article 89 of the Act applicable to facts constituting an offense, subparagraph 3 (a) of Article 89 of the Construction Technology Selection Promotion Act, Article 23 (1) (a) of the same Act, Article 26 (3) 1 and Article 15 (2) of the Act on the National Technical Qualification and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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