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(영문) 서울동부지방법원 2016.08.11 2014고단2272

건축법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Some of the facts charged were corrected ex officio to the extent that it does not interfere with the defendant's right of defense.

If a construction contractor fails to perform construction works in accordance with the design drawings necessary for the construction works, such as a drawing, structural calculation statement, specifications, etc., in conducting construction supervision, a designated construction supervisor shall notify the project owner thereof and request the construction contractor to correct or reconstruct the construction works, and shall not prepare and submit a false interim report on the completion of supervision or supervision, which is obligated to submit in accordance with the process of construction works, to the project owner.

Around January 25, 2013, the Defendant prepared an interim report on the supervision over the ASEAN E commercial building (hereinafter “instant building”) in the office of Defendant’s operation located in Gangnam-gu, Seoul (hereinafter “Seoul”) where the Defendant supervised the construction of the building, the Defendant prepared a false report on the 3th floor (RG4x4, RG6x4, RG7x1) of the roof floor constructed in the instant building, 2nd three floors (2B4x3, 227x5, 227Ax2) of the instant building. Although the Defendant did not confirm the result of the construction in comparison with the books at the site, the Defendant prepared a false report on the construction in the column of the above comprehensive report on the construction, stating that “the construction in accordance with the drawings was lawfully constructed,” and then prepared a false report on the construction in the same manner as the instant building was prepared on August 3, 2013.

Accordingly, the Defendant, as a supervisor of the instant building, made a false report on the interim report on supervision and the completion of supervision, and submitted it to the owner.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the witness F in the fifth public trial records;

1. Six times;