건축사법위반
The judgment below
The part against the Defendants is reversed.
Defendants are not guilty.
1. Summary of grounds for appeal;
A. As stated in the facts of crime in the judgment below, Defendants misunderstanding of facts or misunderstanding of legal principles did not allow a person who is not an architect to provide an architect services using a name of an architect, or provided an architect services by using a name of an architect.
B. The sentence of the lower court’s improper sentencing (a fine of three million won each) is too unreasonable.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. Summary of the facts charged 1) Defendant C and Defendant D are the actual operators of the “I architect office”, and Defendant D is the architect.
No certified architect shall allow another person to provide an architectural service, such as matters concerning the investigation and appraisal of a building, by using his/her name, or lend his/her certificate of qualification to another person, and the other party shall be punished.
Defendant
D From April 2015 to December 2016, 2016, D had Defendant C provide an architect service using the name of Defendant D at the I A architect's office located in the Incheon reinforced Military Court. Defendant C provided an architect service using Defendant D's name at the said I architect's office for the same period.
2) Defendant E and Defendant F are the actual operators of 'K architect office', and Defendant F is the architect.
No certified architect shall allow another person to provide an architectural service, such as matters concerning the investigation and appraisal of a building, by using his/her name, or lend his/her certificate of qualification to another person, and the other party shall be punished.
Defendant
F From March 2013 to December 2016, 2016, the K architect office located in Incheon L used Defendant E’s name and used Defendant F’s name to provide an architect service. Defendant E used Defendant F’s name and used Defendant F’s name in the said K architect office for the same period.
B. 1) As to the facts charged in a criminal trial.