The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The installation item of the close supervision report on the part of "the installation of Ondol and Heating Facilities" indicated as "the conformity" in the item of "the installation of Ondol and Heating Facilities" should be determined not by the standard of suitability but by whether the installation of Ondol and Heating Facilities differently from the design documents, but by the standard required by the Building Act and the related Acts and subordinate statutes.

As the Defendant was constructed in compliance with the criteria required by Article 63 of the Building Act and Article 4 of the Rules on the Standards, etc. for Building Facilities, the Defendant merely stated “conformity” in the above items of the supervision completion report and did not have prepared a false supervision report. Therefore, the judgment of the court below which found the Defendant guilty is erroneous in matters of mistake of facts or misapprehension of legal principles.

In the item "conformity with a district unit plan", the part of the facility, such as the electric facilities of this case, in mind of illegal repair in the future, was constructed, but illegal substantial repair was practically performed at the time when the defendant prepared a report on completion of supervision, and the defendant stated that it is appropriate for a district unit plan according to the current state of the building at the time, and thus, it cannot be deemed as a false supervision.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

The sentencing of the lower court on the grounds of unfair sentencing (the sentencing of a fine of five million won) is too unreasonable.

In determining the misunderstanding of facts or misunderstanding of legal principles, "the installation of Ondol and Heating Facilities" or "supervision opinion" in the report on completion of supervision should include the opinions or judgments of the construction supervisor as a result of the performance of the primary construction supervision duties provided in Article 2 (1) 15 of the Building Act, Article 19 (6) 3 of the Enforcement Decree of the Building Act, and Article 19-2 of the Enforcement Rule of the Building Act.