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(영문) 대구지방법원 2019.05.22 2019고정190
건설기술진흥법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No construction engineer shall allow another person to perform construction works or construction technology services in his/her name or lend his/her career certificate of construction technology to another person.

Nevertheless, from July 5, 2012 to July 31, 2016, the Defendant received KRW 3.6 million a year from the bank of dispute resolution in Busan Shipping Daegu under the name of lending career certificate from the bank of dispute resolution in Busan Shipping Daegu, and borrowed the Defendant’s career certificate of construction technology (the first class and management numberD) to the above company.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the police suspect examination protocol (third time) concerning E;

1. A copy of each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes concerning the management cards of suspect-period technicians, construction engineers, and career certificates;

1. Article 89 of the relevant Act on Criminal facts and subparagraph 3 (a) of Article 89 of the Construction Technology Selection Promotion Act and Article 23 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Under Article 334(1) of the Criminal Procedure Act, the amount of fine shall be reduced by taking into account the following circumstances: (a) under which the reason for sentencing of Article 334(1) of the Provisional Payment Order is not sufficiently sufficient; and (b) where the individual rehabilitation procedures are currently being followed as a result of the increase of damages incurred to the person with disabilities outside of his or her wife and his or her dependants;

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