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(영문) 대구지방법원 2017.12.08 2016고정1026
소방시설공사업법위반
Text

Defendants are not guilty. The summary of each judgment against the Defendants is publicly announced.

Reasons

1. The facts charged in this case

A. Defendant A is a director of Daegu Dong-gu D Co., Ltd. who works for Defendant A as a director.

A person who intends to conduct fire-fighting system installation works, etc. of specific fire-fighting objects shall have capital and technical human resources for each type of business and register the fire-fighting system business with the Special Metropolitan City

Nevertheless, on February 16, 2016, without registering fire-fighting facility business, Defendant A subcontracted the fire-fighting facility business to G with a third party under a contract for fire-fighting system installation from Yongcheon-si EF without the qualification for fire-fighting system installation, and Defendant A replaced six projects, such as one half, 36, and inducement, which is a fire-fighting facility in the factory.

As a result, Defendant A violated the Fire-Fighting Facility Business Act as a business box without registering the fire-fighting facility business.

B. The Defendant B Co., Ltd. is a corporation with the main purpose of electrical construction business.

Defendant

A, a director of a stock company B, committed such a violation with respect to the business affairs of Defendant B at the same time and place as above.

As a result, Defendant B violated the Fire Fighting Facility Business Act as a business box without registering the fire fighting facility business.

2. Determination

A. The facts charged in a criminal trial of related legal principles must be proved by the prosecutor, and the judge should be convicted with evidence having probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, the interests of the defendant should be determined (see, e.g., Supreme Court Decision 2003Do3455, Sept. 2, 2003). B. 1) In this case, the following facts can be acknowledged according to the evidence duly adopted and investigated by the court:

A) On February 12, 2016, F is the Defendant’s above Defendant B Co., Ltd.

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