The defendant shall be innocent.

(a) No certified architect shall allow another person to provide certified architect services using his/her name, nor lend his/her certificate of qualification to another person;

Nevertheless, around May 2015, the Defendant received KRW 11 million from D and E in the C architect office located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon (hereinafter “instant building”) from the architect’s name and carried out construction supervision of the construction work of the F apartment house in Nam-gu, Incheon (hereinafter “instant building”).

B. The lower court found the Defendant guilty of the instant facts charged and sentenced a fine of KRW 3 million to the Defendant, and the Defendant directly performed supervisory duties on the instant construction work, and even if supervision was not faithfully performed, it did not err by misapprehending the legal doctrine on the fact that “the Defendant used the Defendant’s name to allow another person to provide an architect service.”

Before remanding, the trial prior to remanding: (a) under a criminal trial for the criminal facts of which supervision was conducted using the Defendant’s architect’s name in connection with the instant construction project, D led to a confession and the judgment became final and conclusive; (b) D prepared a supervision report in the architectural administrative system called “Ster” and gave approval to the Defendant; (c) in this case, D himself/herself was directly placed in the supervision report; and (d) only “comprehensive opinion” in the supervision report was laid blank; (b) the supervisor’s act of confirmation in the supervision report was carried out by comparing and confirming whether the Defendant, who is the supervisor, was constructed as the design of the instant construction site; and (c) whether the construction materials or materials are adequate; and (d) it is a matter to be written directly after comparing and confirming that D, which is the designer of the instant construction project, should not be put in advance.