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(영문) 울산지방법원 2017.04.21 2016고정1365
국가기술자격법위반
Text

The defendant shall be innocent.

Reasons

1. No certificate of national technical qualification in the facts charged shall be lent or lent to any other person, nor shall the lending be arranged;

From March 14, 2013 to July 31, 2014, the Defendant loaned the national technical qualification certificate (type of qualification: landscaping technician, number of qualification certificate: F) issued by the Administrator of the Korea Forest Service to E at the D office located in Ulsan-gu, Ulsan-gu, Seoul, to pay four insurance premiums to the Defendant.

2. The key point of the facts charged in the instant case is that “the Defendant sent a national technical qualification certificate to E”.

However, there is no evidence to acknowledge the fact that the defendant lent a national technical qualification certificate owned by the defendant to E, such as as indicated in the facts charged in this case (in light of all the evidence, the defendant lent the qualification certificate to E is a national technical qualification certificate for forest management technicians, and the above qualification certificate does not constitute a national qualification certificate). Therefore, there is no evidence to prove the facts charged in this case on the premise that the defendant lent the national technical qualification certificate owned by him to E (i.e., landscape technician).

3. In conclusion, the facts charged in this case are not guilty by the latter part of Article 325 of the Criminal Procedure Act.

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