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(영문) 대법원 2018.10.25 2017도7377
건축법위반
Text

The judgment below is reversed, and the case is remanded to the Gwangju District Court.

Reasons

The grounds of appeal are examined.

1. A. The summary of the facts charged in the instant case is that the Defendants conspired to submit an interim report on supervision and a false report on the completion of supervision to the head of the Seo-gu Office in the name of the owner of each building after preparing an interim report on the completion of supervision on March 23, 2012 with the purport that the Defendants’ failure to construct the instant multi-family house and the steel bars, short heat materials, and corridor windows in line with the design plan at the time of the construction permit, despite the fact that the Defendants failed to construct the instant multi-family house and the walls, Defendant B’s construction supervisor’s compliance with the construction design and the relevant statutes.

B. As to this, the lower court determined that the Defendants did not constitute a crime of violating the Building Act on the ground that the instant supervision report cannot be readily concluded on the sole basis of the fact that the instant multi-family house was not constructed according to the design drawings, and that it is difficult to recognize that the Defendants prepared the instant supervision report with the knowledge that the documents submitted by the inspection alone did not conform to any specific statutory standards, on the ground that the instant supervision report was falsely prepared, on the grounds that the Defendants did not constitute a crime of violating the Building Act, on the grounds that the instant supervision report was not established, on the basis that the instant multi-family house was not constructed in the scope of opinions required to be stated in the supervision report, in light of the fact

2. However, the lower court’s determination is difficult to accept for the following reasons.

A. The main business of a construction supervisor under the Building Act is to confirm whether the construction contractor constructs the building in conformity with the design drawings, and the supervision report is an interim inspection system that investigates whether the building has been constructed in compliance with the design drawings.

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