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(영문) 부산지방법원 2017.04.26 2016고정3935
국가기술자격법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A and B fail to pay the above fine, respectively.

Reasons

Punishment of the crime

1. Defendant B is a person who has obtained a national technical qualification as a diving technician, and the national technical qualification certificate shall not be lent or lent to others, nor shall he arrange for the lending.

Nevertheless, around December 1, 2014, the Defendant received a proposal from A to the effect that “I will take wages of 1.2 million won per month and four insurance on the condition that I need a certificate of qualification as a diving technician” from the office of the corporation, which was located in Geumcheon-gu, Busan, the Defendant borrowed the Defendant’s certificate of qualification as a diving technician from around that time to March 28, 2016 after receiving a loan fee of 1.2 million won per month from around that time.

2. Defendant A is the actual representative of Defendant C, which is located in the F and 2nd floor of Busan Geum-gu, and C is a corporation established for the purpose of underwater construction business.

Around December 1, 2014, the Defendant proposed to the effect that “I will take out wages of KRW 1.2 million per month and four insurance on the condition that I will take up a qualification certificate as a diving technician,” at the office of the said company located in Geum-gu Busan, Busan, for the purpose of registering the above company as a underwater construction business, and, at the office of the said company, B, who is a national technical engineer, “I will take out a locked technician’s license with wage of KRW 1.2 million per month and KRW 1.2 million per month from that time until March 28, 2016,” and borrowed B’s locked technician’s license.

3. Defendant C, the actual representative of the Defendant, committed the act of borrowing the national technical qualification certificate as above in relation to the Defendant’s business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning the interrogation of each police suspect against the defendant A or B;

1. Police seizure certificates;

1. Reporting of internal investigation by the police (State) (verification of details of reporting of the results of internal investigation by the police);

1. The Defendants and the defense counsel regarding the submission of data related to investigation affairs, response to a request for cooperation in investigation, the receipt of earned income collection, the Defendants and the defense counsel’s assertion, and the Defendant A.

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