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(영문) 전주지방법원 2017.01.13 2016고정878
전기사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The operator of the electric utility and the owner or possessor of electric installations for private use shall have the Minister of Trade, Industry and Energy or the Mayor/Do governor conduct a regular inspection on the electric installations every three years.

Nevertheless, on August 25, 2014, the Defendant avoided a regular inspection without justifiable grounds, even though he/she had undergone a regular inspection with respect to the private-use electric power plant installed within D in the possession of the Defendant located in the former North-gun C, North-gun, without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A written accusation;

1. Report on customer visit each customer (record No. 28 through 31 pages of evidence);

1. Application of Acts and subordinate statutes to each investigation report (a certificate of all matters to be registered, and a telephone statement at the North Korean Headquarters prior to the Korea Electric Safety Corporation);

1. Article 106 subparagraph 3 of the same Article and Article 65 of the same Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel’s assertion is not the owner or possessor of D at the time of the instant case, and thus, they do not have the obligation to undergo a regular inspection of the private electric power plant.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, the Defendant, as an operator of D, may be acknowledged without reasonable doubt that the Defendant occupied D at the time of the instant case. As such, the Defendant constitutes a person who possesses electric installations for private use and is obligated to undergo regular inspections under the Electric Utility Act, and the Defendant and the defense counsel’s assertion are not acceptable.

A. The Defendant, who is a commercial entrepreneur in the name of F, was operating D in the former North-U.D., entered into a sales contract on July 1, 2013 to sell all of the said D’s real estate and house units to G, and completed the registration of transfer of ownership in the G on August 26, 2013 and around October 24, 2014, but completed the registration of transfer of ownership in the instant real estate.

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