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(영문) 인천지방법원 부천지원 2017.05.11 2017고정10 (1)
건설기술진흥법위반
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. The provisional payment of the amount equivalent to the above fine to the defendant.

Reasons

Punishment of the crime

No construction technician shall lend his/her construction technology career certificate to another person, and no person shall lend his/her construction technology career certificate to another person.

D In operating the F Office in the Nam-gu Incheon Metropolitan City E, it is a person who has obtained a construction engineer's career certificate from the construction engineer and lent it to the construction company, etc., and plays a role of making part of it a construction engineer at the price of the construction company.

G is a person who operates a defendant company in Bupyeong-si H.

G obtained a construction engineer I’s experience certificate from D from November 2014 to May 2015 for the purpose of maintaining the above company’s construction business registration at the above company’s office, and satisfying the field engineer qualification, G borrowed the construction engineer’s career certificate from D through false registration as if the said construction engineer works in the above company as a technician.

As above, the Defendant was a juristic person established for the purpose of civil engineering and construction work, and the above G, the representative of the Defendant, was in violation of the Construction Technology Promotion Act by lending a construction technology career certificate to the Defendant’s business at the above date and place.

Summary of Evidence

1. Legal statement of J;

1. A protocol concerning the examination of suspects by the prosecution against J (1230 pages) and I (1176 pages);

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on a certified copy of the corporate register, details of financial transactions, construction registration certificate, current status table of construction technicians possession, certificate of possession of construction technicians, and fax details, each of the details of each employment insurance reply data;

1. Articles 90 (2), 89 subparagraph 3 (b) and 23 (2) of the Construction Technology Promotion Act concerning facts constituting an offense;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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