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(영문) 청주지방법원 충주지원 2018.12.12 2017고정177
소방시설공사업법위반
Text

Defendant

B shall be punished by a fine of 2,000,000 won.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

A person who intends to install fire-fighting systems of specific objects of fire-fighting shall have capital and technical human resources prescribed by Presidential Decree for each type of business and register the fire-fighting facility business with the Mayor

Defendant

B without registering the fire-fighting facility business to the Do Governor of Chungcheongbuk-do, and fire-fighting facilities such as singlers, etc. were installed from May 2015 to June 2015 among the remodeling works of the care center, which is a specific fire-fighting object in Chungcheong-si C, from May 2015 to the first police officer.

Summary of Evidence

1. The witness D and E respective legal statements;

1. Partial statement of the witness A;

1. One-time protocol concerning the examination of the police suspect against F;

1. Statement made by the police against D;

1. Recording records;

1. Application of statutes to a report on commencing fire-fighting system installation;

1. Relevant legal provisions and Articles 35 and 4 (1) of the former Fire-Fighting Facility Business Act (amended by Act No. 12938, Dec. 30, 2014) concerning criminal facts;

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

1. Determination as to the assertion by the Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The fire-fighting system installation work of a medical care center as indicated in the summary of the assertion (hereinafter “instant construction”) is not limited to Defendant B, and the Defendant A (G Co., Ltd.; hereinafter “Co., Ltd.”) who completed the registration of fire-fighting system business was subcontracted by F.

2. The records reveal the following: (a) the instant construction contract was made under the name of H and G; (b) the submission of a written report on the commencement of fire-fighting system installation works in the name of G with respect to the instant construction; (c) the submission of a written report on the commencement of fire-fighting system installation works in the name of G; and (d) the receipt of a fire-fighting drawing for the year from May 14, 2015 by e-mail and the submission of a written estimate is recognized.

However, according to the above evidence, ① the instant construction is suspended to the extent of installing a sprinkler pipe, and ② such pipes.

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