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(영문) 대전지방법원 천안지원 2016.07.15 2015고정1144

건축법위반

Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant appears to be the supervisor of a newly built multi-household housing construction project, which is deemed to be the clerical error in the written indictment in the Asan City C and D. Since the process of the said construction project has been completed on April 27, 2013, the Defendant prepared an interim report on supervision and submitted it to the owner F.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with regard to F;

1. Evidential materials;

1. Application of Acts and subordinate statutes to investigative reports (to telephone conversations/to listen to the statements by staff members in charge of transportation of national land);

1. Article 110 subparagraph 6 of the Building Act, Article 110 and Article 25 (5) of the Building Act, the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In a case where the construction of a structure, such as a steel reinforced concrete structure, for the reason of conviction under Article 334(1) of the Criminal Procedure Act, is different from the construction of “the completion of the steel arrangement at the time of the foundation construction,” it is obvious in light of the language and text of Article 25(5) of the Building Act and Article 19(3) of the Enforcement Decree of the same Act that a construction supervisor should prepare and submit an interim report to the project owner.

The system of supervision report by a construction supervisor was revised by Act No. 4919 of Jan. 5, 1995, and the new system was revised by Act No. 4919 of Jan. 5, 1995, and the "Intermediate inspection system" was “the interim inspection system,” which was conducted by a public official for each process of construction and issued a certificate of use completion to a public official after confirming the construction site. A public official’s “Intermediate inspection system” was submitted to a construction supervisor’s “the interim supervision report,” and a public official’s “the use inspection system” was replaced by the submission of an interim supervision report by the construction supervisor’s “the completion report,” and the project owner’s “the submission of an interim supervision report,” which was submitted by the construction supervisor to the permitting authority. (Article 25(5) of the Building Act is against the