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(영문) 대구지방법원 포항지원 2015.07.13 2014고합75 (2)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A 4 years of imprisonment, 5 years of imprisonment, 10 months of imprisonment, and 5,00,00 won of fine, respectively.

Reasons

Punishment of the crime

[2014Gohap75, 79 (Joint), 99 (Joint)] Defendant A is the representative of the J which operates the agency business for the authorization of hazardous materials facilities. Defendant B works in the L division affiliated with Masco K and takes charge of the safety management of hazardous materials facilities and the affairs of the substitute agency against fire stations, while Defendant B works in the Busan branch office of Masco K, and Defendant C works in the performance test of hazardous materials tanks, etc.

1. Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) were established and operated in places of business located at port around 2011 without obtaining installation and permission for modification in accordance with the Act on the Safety Control of Dangerous Substances, including a large number of dangerous substance tanks, general handling places, storage places, etc.

Defendant B, who was well aware of the above facts under the Spanco L, promoted the work of obtaining installation and permission for modification in accordance with the current state under the pretext of “training” as the hazardous materials facilities that were operated without permission as above, ordered the above permitted services by means of a private contract to the J operated by Defendant A, who was in friendship with him, and made the service payment to be calculated and paid at a significantly lower amount than ordinary cases, and then, the amount was divided into the Defendant A, and the Defendant and the above contents were gathered.

Defendant

A and B, most of the hazardous materials facilities operated by Spanco, the design and construction of which was completed before around 201, and the preparation work of accompanying documents, such as drawings necessary for the application for authorization and permission, was already conducted by Spanco.

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