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(영문) 수원지방법원 2020.04.29 2020고정255
국가기술자격법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend his/her national technical qualification certificate to any other person.

The Defendant would receive a rental fee from B, a huber for the lending of a national technical qualification certificate, and, from April 1, 2016 to November 21, 2016, the Defendant leased his/her certificate of qualification as a fire-fighting equipment engineer (person in the field of machinery, certificate number: E), fire-fighting equipment engineer (electric field and certificate number:F), and received KRW 3,00,000 from B.

Accordingly, the defendant lent his national technical qualification certificate to another person.

Summary of Evidence

1. Examination protocol of the suspect of G by the prosecution;

1. A copy of the interrogation protocol of H; and

1. Investigation report (Attachment of the list of IBK International Trading Schedule in the name of the A), investigation report (verification of the appointment of a technician) (the appointment of a national technical qualification certificate), and application of Acts and subordinate statutes to fire fighting engineers;

1. Article 26 (3) 1 and Article 15 (2) of the National Technical Qualifications Act concerning the relevant criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was known to the Defendant as an employee of D Co., Ltd. (hereinafter “D”) who became aware of B through the recruitment site.

In addition, the Defendant entered into a labor contract with H, the representative of D through B, agreed that the Defendant will work at home and work at home one to two times a week, and accordingly, the Defendant fulfilled the labor contract at the site and work at the request of the said company.

Therefore, the defendant did not lend his qualification certificate to D but provided his work according to the labor contract, and there was no intention to lend his qualification certificate to D.

2. According to each of the above evidence, H, the representative of D, placed a job offer advertisement for the appointment of an on-site agent to manage the construction site of the cosmetic manufacturing factory in Incheon. The facts that B and the defendant found H, and H are the defendants.

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