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(영문) 인천지방법원 2018.08.31 2018노578
건축사법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Reasons for appeal;

A. The Defendant, by using the Defendant’s name, did not allow F, etc. to perform construction supervision.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. No certified architect shall allow another person to provide certified architect services using his/her name, nor lend his/her certificate of qualification to another person;

Nevertheless, on August 2014, the Defendant received KRW 10 million from F and G from E architect office located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and used the name of the Defendant for the construction of the apartment building in the Nam-gu, Incheon, and performed the supervision of construction works in the apartment building located in H in the name of the Defendant.

3. As to the Defendant’s assertion of mistake of facts, the Defendant was found guilty of a crime of violation of construction law committed by F and G using the Defendant’s name with respect to whether the Defendant had F, etc. conduct supervision by using the Defendant’s name. However, the crime of the conviction was found to have been convicted of having been committed by F and G, but the crime of the above conviction was committed by F and G with a view to eight times by using the Defendant’s name in the name of 7 architects, including the Defendant. In addition to the violation of construction law, the crime of the conviction was committed by F and G with a view to arranging the lending of the construction registration certificate and construction business registration pocket book for six times more than six times, the violation of the Framework Act on Construction Industry, which was not constructed in accordance with the 31-time construction work plan, by preparing and submitting the 31-time completion report, the act of using the false or altered fire-prevention glass delivery certificate which was conducted by the public official in charge of approving the use of multi-family housing in 31-time deceptive scheme, and prepared the completion report to the supervisor.

However, the investigation records (2093, 2094 pages) and F are certified by the defendants, etc.

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