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(영문) 서울중앙지방법원 2017.08.30 2017고정1352
건설기술진흥법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who is in office as the representative director of B of a corporation located in 308 of the building in the area of Seongbuk-gu Seoul Metropolitan City from June 16, 2014, and the defendant B is a construction company that operates the housing execution business.

1. No person who is a defendant shall lend another person's career certificate of construction technology;

Nevertheless, on March 1, 2015, the Defendant: (a) obtained a construction engineer D’s certificate of technical expertise for civil engineering from D by mail to December 31, 2016 in order to maintain the registration of construction business and conduct business in B office of the said corporation; and (b) borrowed D’s certificate of career of construction technology from D by means of false registration as if he/she works as a technician of the said corporation, under the condition that D would pay a loan fee of KRW 3.4 million from March 1, 2015 to December 31, 2016.

2. Defendant B, a corporation established for the purpose of engaging in the construction business, committed a violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

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

1. Application of official text (registration number), official text (registration number of a certificate of a construction engineer), certificate of work experience in D construction technology, accounts of national banks in D name, certified copies of corporate register, Acts and subordinate statutes;

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 (1) of the Construction Technology Promotion Act (Selection of a punishment);

(b) Defendant B: Articles 90(2), 89 subparag. 3(b), and 23 subparag. 1 of the Construction Technology Promotion Act

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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