The prosecutor's appeal is dismissed.

1. According to the main purpose of the grounds for appeal, the main business of the construction supervisor is to confirm whether the construction work executor constructs the construction work in conformity with the design book, and to report the reason why the construction supervisor prepares a supervision report. Thus, if the multi-family house in this case submitted a supervision report to the permitting authority to the effect that the construction supervisor conforms to the construction design and the relevant Acts and subordinate statutes although the multi-family house in this case was not constructed as the design book, it is reasonable to deem that it constitutes a false preparation under Article 110 subparag. 6 of the Building Act, but the lower court erred by misapprehending the legal doctrine and thereby acquitted the facts charged in this case

2. On the grounds indicated in its reasoning, the lower court rendered a not guilty verdict on the facts charged of the instant case, on the ground that, on the grounds indicated in its reasoning, the supervision report states the determination or opinion on the suitability of the construction-related statutes specified in the supervision report and the determination or opinion on whether the instant multi-family house was constructed as a design document, even if the instant multi-family house was not constructed as a design document, its content cannot be deemed to be false, on the sole basis of the supervision interim report and supervision completion report prepared to the effect that the instant multi-family house conforms to the relevant statutes relating to the construction (hereinafter “Supervision report of this case”).

3. Determination on whether a deliberation was made

A. In light of the following points, it is reasonable to view that the supervision report stipulated under the Building Act is a document stating whether the building in question is not in conformity with the standards of the Building Act and relevant Acts and subordinate statutes, and therefore, if the supervision report under Article 110 Subparag. 6 of the Building Act is “a false preparation” and the supervision person is different from his perception in the supervision report as to whether the building in question conforms to the Building Act and relevant Acts and subordinate statutes.