beta
(영문) 청주지방법원 2014.06.19 2014고단353

위계공무집행방해등

Text

Defendants shall be punished by imprisonment for one year.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an architect as the director of the D architect office, and the defendant B is an employee of the D architect office.

D AD Around February 9, 2010 on the F site of the Chungcheongbuk-gun, Chungcheongnam-gun (hereinafter referred to as “this case”) owned by E, the owner of the building applied for building permission to change the building from E to G Co., Ltd. (RepresentativeH) around April 26, 201, the owner of the building applied for building permission to change the building from E to G Co., Ltd. (RepresentativeH), and the building permission and building alteration permission have been granted on behalf of each application for building permission on behalf of the owner of the building on November 15, 201, changing the use into Class I neighborhood living facilities (sports facilities), Class II neighborhood living facilities (manufacturing facilities, offices, etc.).

Around November 2012, E requested the Defendant A to file an application for permission on alteration of construction that allows the construction of two warehouses on the instant site by changing himself/herself to the owner of the building, but H, the representative director of the building, refused to change the use of the warehouse and made it impossible for the Defendants to change the use of the warehouse. On November 23, 2012, the Defendants submitted an application for permission on alteration of construction to change the use of the building to “retail store” along with the certificate of personal seal on the issuance of “E” on November 16, 2012, and the use was changed to the “retail store” around December 6, 2012.

As such, the Defendants were in conflict of opinions between E and H due to the change of the owner of the building, and H was well aware of the fact that H filed a lawsuit against E to cancel the registration of ownership transfer of the instant site on or around March 6, 2013.

1. Defendant B

A. On or around May 13, 2013, H applied for a provisional disposition against the prohibition of real estate possession transfer in response to the lawsuit demanding the cancellation of the above registration of ownership transfer on or around April 2013, for the fabrication of private documents and the uttering of the above investigation documents, and around May 13, 2013, H’s use of the above construction permit is manufacturing facilities for Class II neighborhood living facilities.