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(영문) 인천지방법원 2018.11.22 2017고정2889
건축사법위반
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in this case is that, in violation of the former part of Article 10 of the Construction Justice Act, a building private person Defendant B and D had the other party Defendant A and C provide an architect services using his name.

Thus, the part of the indictment stating "shall not lend a certificate of qualification" is clearly stated in the middle of each indictment, and it shall be deleted ex officio as it constitutes unnecessary description.

A. Defendant A and Defendant B are the actual operators of “Building History E” and Defendant B is the architect.

No certified architect shall allow other persons to provide certified architect services by using his/her name.

Nevertheless, from February 26, 2013 to November 201, 2015, Defendant B had Defendant B provide a certified architect services using the name of Defendant B in the “Construction Corporation E” located in Incheon F and II from February 26, 2013 to Defendant B, and Defendant A provided a certified architect services by using Defendant B’s name in the “Construction Corporation E” office for the same period.

B. Defendant C and D Defendant C are the actual operator of “G architect office” and Defendant D is an architect.

No certified architect shall allow other persons to provide certified architect services by using his/her name.

Nevertheless, from January 27, 2014 to December 16, 2016, Defendant D had Defendant C provide an architect service using Defendant D’s name from “G architect office” located in Incheon H, and Defendant C provided an architect service by using Defendant D’s name during the same period.

2. The summary of the Defendants’ assertion was directly conducted by Defendant B under his own responsibility.

Defendant

A is only a fact that I, who is an son, worked as an employee of A and was residing in the office to introduce a case to A, but also an architect service.

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