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(영문) 대전지방법원 2017.04.13 2016고정1502
건설기술진흥법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant A is the representative of Defendant B, and C is the director of Defendant B.

Defendant

On November 201, A issued a direction to seek a person who is able to register as an employee by leasing a career certificate of construction technology to the above C, C requested a person who lends a career certificate to E who is the vice head of D Co., Ltd., and E introduced H, who is an employee of the F Tax Accounting Office, with a career certificate of construction technology of civil engineering, to the above C through G.

Criminal facts

1. No person who conducts construction works or services by using another person's name, or borrows a person's career certificate or arranges such services;

Nevertheless, the Defendant borrowed a certificate of work experience issued by the Association of Construction Engineers from January 3, 2012 to June 17, 2016.

2. Defendant B, as seen above, was negligent in giving due attention and supervision to prevent the violation even though the representative A borrowed construction technology career certificate from H.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes to the current status of construction engineer possession, certificate of career of construction engineer, copy of a labor contract, and copy of a certificate of career of construction technology;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 89 subparagraph 3 (b) and Article 23 (2) of the Construction Technology Promotion Act (Selection of a punishment);

(b) Defendant B: Articles 90(2), 89 subparag. 3(b), and 23 subparag. 2(s) of the Construction Technology Promotion Act (excluding penalty)

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;

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