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(영문) 부산지방법원 서부지원 2019.06.13 2019고단167
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an assistant architect who has performed affairs related to the construction of the above C architect's building owned by the certified architect D while taking overall control of the C architect's affairs in Busan Gangseo-gu

No act of constructing or altering the purpose of use of a building in a development restriction zone shall be permitted: Provided, That in the case of a building demolished due to the execution of a public works project, in the case of an inevitable building to be removed due to a disaster, or in the case of other local conditions, the construction of a building is allowed on the land adjacent to the village district or village district, and such reconstruction right is allowed only for the housing owner at the time of removal, and it shall not be transferred

Therefore, even if a person who does not have the right to file an application for a permit for a permit for a permit for a permit for a relocation entered into a transfer contract with the owner of the house at the time of removal, such right cannot be acquired, and a person who did not acquire the right to file an application for a permit for a relocation cannot obtain the permit for a relocation by filing an application

Nevertheless, around April 2014, the Defendant conspired with F to obtain a building permit by filing a construction application in G name with the knowledge that F, which is a restricted development zone of Gangseo-gu Busan Party E, was aware of the purchase of the dual ownership owned by G.

After that, on May 1, 2014, the Defendant, at the above C architect office, connected the building administration system (one-person shotter) using a computer, with the ID in the name of the architect D, and applied for a building permit as if G, even though the actual owner was F, as if G were to newly build a detached house of the building area of the Gangseo-gu Busan Metropolitan City E land, which is a development restriction zone, with the construction report prepared and submit design drawings, written consent for the use of the site, etc. as a document attached thereto.

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