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(영문) 전주지방법원 정읍지원 2017.09.27 2017고합14 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend or lend a national technical qualification certificate issued by the competent Minister to any third person, or arrange the lending.

Nevertheless, on October 1, 2013, in order for the Defendant to undertake construction works from E by the head of the D Public Service Team at the construction site office located in Jung-gu Seoul Special Metropolitan City (C) around October 1, 2013, the Defendant received a proposal from an on-site agent to submit a certificate of qualification to the office of the Dong-Eup Special Metropolitan City (hereinafter referred to as the “C”), and accepted the proposal, thereby holding the Defendant’s national technical qualification witness construction engineer qualification certificate in the name of the Defendant, and borrowed the above certificate of qualification to D by receiving the loan fee of KRW 4,585,60 from around that time to April 1, 2014.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each police statement made to H and I;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes on response to acquisition of qualifications;

1. Article 26(3)1 and Article 15(2) of the former National Technical Qualification Act (amended by Act No. 12625, May 20, 2014);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. The sentencing criteria are not set for the crimes of this case for which the sentencing criteria are not set.

The crime of this case is not easy to establish the public trust and national technical qualification system with respect to national technical qualification by granting the defendant a national technical qualification certificate.

However, the circumstances favorable to the defendant, such as the fact that one's own crime is recognized and the mistake is divided, there are some circumstances that can be considered in the process of the crime, and that there is no record of punishment for the same kind of crime, etc., and other loans by the defendant

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