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(영문) 수원지방법원 평택지원 2014.11.27 2014고정576
국가기술자격법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, Defendant B and Defendant C shall be punished by a fine of 2,50,000 won.

Reasons

Punishment of the crime

Defendant

A is a national technical qualification holder who has obtained a certificate of qualification as a technician for cutting-off driving, and defendant B is a representative director of corporation C, and defendant C is a registered company of construction business specializing in water supply and sewerage construction located in Busan Young-gu Dtel 802.

No national technical qualification certificate shall be lent or lent to another person, and no one shall arrange the lending.

1. On January 1, 2013, Defendant A obtained a proposal from Defendant A to loan his/her license from Nonparty E, with a annual loan fee of KRW 400,000,000,000, and received the Defendant’s qualification certificate (F) from Nonparty E, and received KRW 400,000,000 from Defendant’s national bank account (G) on the 11st of the same month.

Accordingly, from January 1, 2013 to February 1, 2013, the Defendant respectively lent a certificate of qualification to the said H (State), and from February 14, 2013 to November 22, 2013, respectively, to the said Dispute Resolution Co., Ltd. by November 22, 2013.

2. On February 14, 2013, in order to satisfy the registration conditions of the construction business (registration number) specializing in water supply and sewerage (registration number): Defendant B paid a rental fee to non-indicted E in the amount, and borrowed a certificate of qualification as a mining technician acquired by A and J respectively from February 14, 2013 to November 22, 2013.

3. Defendant C Co., Ltd. committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of the police against J or E;

1. Application of Acts and subordinate statutes on analysis of telephone details;

1. Article 26 (3) 1, Article 15 (2) (Selection of Fines) of the National Technical Qualifications Act - Articles 26 (3) 1, and 15 (2) (Selection of Fine): Defendant A - Articles 26 (3) 1, and 15 (2) (Selection of Fine) of the National Technical Qualifications Act - Defendant C: Articles 27, 26 (3) 1, and 15 (2) of the National Technical Qualifications Act;

1. Defendant B and stock company among concurrent crimes.

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