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(영문) 대구지방법원 2016.08.08 2016고정1305
소방시설공사업법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

1. Defendant B’s criminal act served as the deputy head of A Co., Ltd. (hereinafter “A”). On May 28, 2014, the Defendant served as the site manager of the “D Center Fire-Fighting System Construction Works” contracted by BOcheon-si C and 11 parcels of land.

The Defendant, as above, should install one or more fire-fighting equipment (e.g., automatic fire detection equipment, visual alarm devices, emergency lighting lights, fire extinguishing devices, sprinklers, clean fire extinguishing devices, clean fire extinguishing chemicals, inducements, etc.) that was contracted from the beam as above. However, on August 11, 2014, the Defendant subcontracted the construction of “33 automatic fire detection equipment (e.g., automatic fire detection equipment, 28 units, 2 units, and 11 units), visual alarm devices, 11 units, and emergency lighting lights, etc. to a vocational training Co., Ltd. on September 5, 2014, upon reporting on the commencement of construction on September 19, 2014, A subcontracted the construction of “Singler 169 units, clean fire extinguishing medicine 16 units, and 12 units of fire extinguishing equipment” to a fire station on September 19, 2014.

Accordingly, the Defendant subcontracted fire-fighting system installation to a third party in violation of the provision of subcontract restriction under the Fire-Fighting System Business Act.

2. The Defendant is a corporation that runs a construction business (including specialized fire-fighting system construction business).

Defendant B, a vice head, committed an act in violation of the above provisions regarding the Defendant’s duties at the same date, time, and place as Paragraph B(1).

Accordingly, the Defendant subcontracted fire-fighting system installation to a third party in violation of the provision of subcontract restriction under the Fire-Fighting System Business Act.

Summary of Evidence

1. Defendants’ respective legal statements

1. A certificate of a person;

1. A contract and each subcontract;

1. Application of Acts and subordinate statutes to each commencement report and each subcontract notification;

1. A stock company that is entitled to the pertinent legal provisions and sentence regarding criminal facts: the former fire-fighting system construction business Act (Act No. 1284, Dec. 30, 2014).

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