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(영문) 부산지방법원 2017.08.23 2017고정1295
소방시설공사업법위반
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

The "E" building newly constructed in Busan B-gu is a specific fire-fighting object to be installed as a composite building under the Act on Fire Prevention and Installation, Maintenance, and Safety Control of Fire-Fighting Systems.

Defendant

A is the representative director of C corporation with the purpose of indoor construction business, etc. at the same time as the person who ordered the above "E building" is the owner of the above "E building."

1. Defendant A

(a) Where a related person or person placing an order of a specific fire-fighting object intends to contract fire-fighting system installation works, etc., he/she shall do so to a fire-fighting system business entity, such as fire-fighting system design business, fire-fighting system construction business, supervision of fire-fighting works, salt treatment business, etc.

Nevertheless, on February 15, 2016, the Defendant, as the representative director of B, contracted to C the contract amount of KRW 2,357,250,000 for all construction works, including fire-fighting equipment, alarm equipment, and escape equipment, including fire-fighting facility business, to C on February 15, 2016.

(b) No person who intends to conduct fire-fighting system installation works, etc. for specific fire-fighting objects shall register his/her fire-fighting facility business with the Mayor/Do Governor after meeting the requirements prescribed by Presidential Decree, such as capital, technical personnel, etc. for each type of business, and conduct

Nevertheless, the Defendant, as the representative director of C, was awarded a contract for the construction of the “E building” from B as described in the above 1-A, and carried on the business without registering the fire-fighting facility business.

2. A, the representative of the defendant B's defendant, committed the above violation as to the defendant's business as described in paragraph 1-A.

3. A, the representative of the defendant C defendant corporation, committed the above violation as to the defendant's business as described in paragraph 1-b.

Summary of Evidence

1. Defendants’ respective legal statements

1.With respect to F and G:

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