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(영문) 대구지방법원 2014.05.16 2013노2673
전기공사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal revealed that the defendant performed a construction work identical to the crime of this case, the defendant did not receive money in return for electrical construction, it is difficult to view that the defendant's act constitutes an electrical construction business

In addition, the defendant's act of construction constitutes a minor electrical construction as stipulated in the proviso of Article 3 (1) of the Electrical Construction Business Act because it is merely a device attached with a license or a replacement of a electrical device.

Nevertheless, the court below erred by misapprehending the legal principles which found guilty of the facts charged of this case, thereby affecting the conclusion of the judgment.

2. The Defendant alleged that there was no electrical construction business since lighting lighting, etc. was installed at a free level of services incidental to the provision of consulting prior to the electrical construction. However, the Defendant stated in the lower court that the installation of the instant light lighting equipment was free of charge in relation to the installation, etc. of the instant light lighting equipment, but the Defendant received money under the pretext of consulting. As such, the Defendant did not perform a separate electrical saving consulting in addition to the instant electrical construction, but actually accepted the price for the instant electrical construction under the pretext of consultation cost.

Moreover, since minor electrical construction works under the proviso of Article 3(1) of the Electrical Construction Business Act are limited to cases prescribed by Presidential Decree, it is difficult to deem the instant electrical construction works as minor electrical construction

In addition, since the above provision is a provision on the restriction of electrical construction, it seems that the registration of electrical construction business is not applied directly to the crime of this case at issue.

Therefore, the defendant's argument is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.

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