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(영문) 춘천지방법원 2015.12.17 2015고정70
건설기술관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person holding a career certificate of construction technology in the field of early warning.

No person shall lend issued certificate of construction technology to any third person.

Nevertheless, the Defendant, from May 11, 2010 to December 20, 2010, lent the career certificate of construction technology to G through G, which is a construction company in Seocho-gu Seoul Metropolitan Government D Building, such as the qualification certificate of the company in charge of the loan mediation (the old company in this case and the company in this case hereinafter referred to as the “the company in this case”) and received the price of KRW 1 million from G.

Accordingly, the defendant lent his career certificate to another person.

2. Defendant B was the representative director of the instant company as a construction business company.

No person shall lend another person’s career certificate of construction technology.

Nevertheless, in order to meet the requirements for the registration of landscaping business (the number of technicians) of the above company, the Defendant borrowed the construction engineer from May 11, 2010 to December 20, 201, the construction engineer of the above A’s “first level in the field of landscaping” from around December 11, 2010.

Summary of Evidence

1. Each legal statement of the defendant A, witness G and H;

1. Application of reply-related statutes, such as certificates of career experience as construction engineers and copies of account transfer and records of insurance coverage;

1. Article 42-2 subparagraph 4 (a) and Article 6-3 (1) of the former Construction Technology Management Act (wholly amended by Act No. 11794, May 22, 2013; hereinafter the same shall apply), Defendant A who selects a fine: Article 42-2 subparagraph 4 (b) and Article 6-3 (2) of the former Construction Technology Management Act, Defendant A: Selection of a fine; Articles 42-2 subparagraph 4 (b) and 6-3 (2) of the former

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

1. Determination as to the assertion by the Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant B and the defense counsel did not borrow a certificate of qualification from A, and even if they were the company of this case.

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