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(영문) 서울남부지방법원 2021.02.08 2020고정1860
국가기술자격법위반
Text

Defendant

A. The fine of KRW 3,00,000, Defendant B is fine of KRW 1,500,000, and Defendant C is fine of KRW 3,000,00.

Reasons

Punishment of the crime

1. Defendant B is a national technical qualification witness’s employee of (ju) A who has a Grade 1 of the freezing mechanical engineer.

No person shall lend his/her national technical qualification certificate to any third person.

Nevertheless, the Defendant, from February 1, 2019 to March 1, 2019, was working as a facility manager in the Seoul Mapo-gu building, and leased the above national technical qualification certificate to the above C by accepting the proposal to the effect that “If the person in charge of the safety management of the E Commercial Management Group’s E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

2. No person who is a defendant C shall lend his/her national technical qualification certificate to another person;

Nevertheless, on March 2019, the Defendant borrowed the 1st grade of the Grade-I national technical qualification witnesses from the Mapo-gu Seoul Metropolitan Government D building, as described in paragraph 1.

3. Defendant A Defendant C, an employee of Defendant A, committed a violation as described in paragraph (2) with respect to the Defendant’s business.

Summary of Evidence

1. Application of Acts and subordinate statutes to report on the receipt of illegal loans to the Defendants’ written request for investigation into partial legal statements (B currency details analysis) on the appointment, dismissal, and retirement of safety managers (Submission of Additional Data by the competent Gu office)

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 27, 26(3)1, and 15(2) of the National Technical Qualification Act;

B. Defendant B and Defendant C: Articles 26(3)1 and 15(2) of the National Technical Qualification Act; selection of fines

1. Defendant B and Defendant C: Articles 70(1) and 69 of the Criminal Act.

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