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(영문) 서울서부지방법원 2013.11.08 2013고단543
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From April 3, 2006, the Defendant, while working as a member of the Seodaemun-gu Building Committee, was unable to participate in the construction deliberation on the agenda item applied under his name, applied for a construction deliberation by lending another architect’s name, and was able to exercise its influence by participating in the construction deliberation.

On June 15, 2012, the Defendant applied for a construction review on the building’s neighborhood living facilities owned by the building owner G located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on the basis of the design drawing prepared by the Defendant, and stated that he/she is an architect H in the investigation and review column of the construction review application, affixed H’s seal to the Seodaemun-gu Office located in Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, and submitted the construction review application and design drawings, etc. to the Seodaemun-gu Office located in 168-6, Seodaemun-gu, Seoul.

B. Around July 16, 2012, the Defendant applied for a construction deliberation on the neighborhood living facilities owned by the owner G located in Seodaemun-gu Seoul Metropolitan Government on the basis of the design drawing prepared by the Defendant, and submitted the construction deliberation application and design drawings to the Seodaemun-gu Office located in Seodaemun-gu Seoul Metropolitan Government, stating that he/she is an architect H, affixing H’s seal, and affixed H’s seal in the investigation and review column of the on-site report, stating that H’s seal is an architect H, and affixed H’s seal and submitted it to the Seodaemun-gu Office located in 168-6, Seodaemun-gu, Seoul Metropolitan Government.

Accordingly, the defendant used the name of the architect H to provide the architectural service.

Summary of Evidence

1. Partial statement of the defendant;

1. The prosecutor's statement concerning H;

1. Application of Acts and subordinate statutes to each application for construction deliberation;

1. Article 39 of the Certified Architects Act and Articles 39 and 10 of the same Act and the selection of fines for crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The defendant;

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