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(영문) 인천지방법원 2017.11.24 2017고정134
건축사법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No certified architect shall allow other persons to provide certified architect services by using his/her name.

Nevertheless, on October 2015, the Defendant received KRW 3 million from Architect, a certified architect F, and a construction hub G, from 3 million, and accepted the supervision of construction works of H apartment houses in the Nam-gu Incheon Metropolitan City. Around that time, the Defendant used his name from the time to the completion of the construction works of H apartment houses in the Nam-gu Incheon Metropolitan City, to perform the supervision of the construction work.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes, such as a report on opening an architect, an application for building permission, construction supervision contract, and construction supervision report;

1. Article 39-2 subparagraph 3 and Article 10 of the same Act and Article 39-2 of the same Act and the selection of fines, which are applicable to the relevant criminal facts and selective construction of sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 10 of the Criminal Procedure Act on the part not guilty of Article 334(1) of the Act on the Aggravated Punishment, Etc. of the Provisional Payment Order, shall not allow a constructor or a building contractor to allow another person to provide an architectural service using his/her name, nor lend his/her certificate of qualification;

Article 39-2 subparag. 3 of the Building Judicial Act provides that “A person who allows another person to provide an architect services using his/her name or who lends his/her certificate of self-certification or registration and who lends his/her certificate of registration” is punished.

The prosecutor prepared the facts charged to the effect that the defendant constitutes both ① and ②, and filed a claim for the summary order of this case. The defendant falls under the case of having another person provide an architect service (â), but does not fall under the case of lending a certified architect's license (â…), and thus, the part constituting lending a certified architect's license is not guilty as follows.

1. The summary of the facts charged shall be allowed to lend a certificate of qualification to another person.

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