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(영문) 인천지방법원 2014.01.09 2012고합1355

변호사법위반등

Text

A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

When the defendant was unable to register the business of the architect office under the name of the defendant due to tax delinquency, the defendant used the name of the architect D, which is after the university, to conduct the architect business.

around October 2005, the Defendant: (a) borne the operating expenses of the office, such as D and rent, management expenses, etc., from F Co., Ltd., Ltd., Ltd., operated by D, located in 311, 2005, the Defendant committed a violation of the Certified Architects Act by using D’s name from around October 2, 2008 to around March 15, 2010, by performing a design contract for a building located in Incheon Seo-gu, Incheon, under the name of D and receiving three million won from H, using D’s name; and (b) committed a violation of the Certified Architects Act by performing the certified architect business over 50 times, such as the list of crimes (Ⅰ).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (I not submitted and accompanied by contracts) and accompanying documents;

1. Subparagraph 3 of Article 39 and Article 10 of the former Certified Architects Act (Amended by Act No. 10756, May 30, 201) by comprehensively taking into account the relevant legal provisions and the choice of punishment for a crime;

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. Around March 13, 2009, the Defendant received a request from the representative L of K Co., Ltd. office located on the second floor of the Bupyeong-gu Incheon Bupyeong-gu J building to “to obtain permission to change the purpose of use to use the fourth floor of the above building as a singing practice room.” On October 2009, the Defendant issued a request to “to permit the change of use to use the fifth floor of the above building as an amusement facility, so that he may obtain permission to change the purpose of use and approval for use to the amusement facility.”

The defendant accepted this and accepted L's "The entertainment expenses should be borne by the construction, sanitation, and fire station of the Gu office" from L. < Amended by Presidential Decree No. 21291, Mar. 2, 2009>