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(영문) 창원지방법원 2014.11.04 2014고정685
국가기술자격법위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

C is the representative director of corporation D, and the defendant was an electrical construction engineer belonging to corporation D.

No national technical qualification certificate shall be lent or lent to another person, and no electrical construction engineer shall allow another person to conduct construction by using his/her name nor lend his/her career pocketbook, and no person shall lend his/her career pocketbook to another person and use it.

Nevertheless, C, even if the Defendant did not work in D from January 30, 2010 to October 25, 2012, received electrical construction under the condition that the Defendant would pay KRW 500,000 per month the electrical technical qualification certificate and career pocketbook from the Defendant, and the Defendant lent the electrical technical qualification certificate and career pocketbook to C as above.

Summary of Evidence

1. Each legal statement of witness C and E;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of Acts and subordinate statutes to investigation reports (investigation and attachment of detailed statements of transactions of passbooks submitted by a suspect C);

1. Relevant Article of the National Technical Qualifications Act, Articles 26 (3) 1, 15 (2) (a point of lending national technical qualification certificates), Article 42 subparagraph 5 of the Electrical Construction Business Act, and Article 18-2 (a point of lending career pocketbooks) of the Electrical Construction Business Act, and the choice of fines, respectively, for the crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.

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