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(영문) 창원지방법원 통영지원 2017.04.17 2016고정678
건축법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of F architect office in E in Gyeongnam-si, and the defendant was an agent for the business of the macro-market on the approval, investigation, and inspection of the use of a building that newly constructs a detached house located in G in the city of Gyeongnam-si.

Any person who vicariously performs a field investigation, inspection, or verification by a building permitting authority shall report the results thereof in writing to the permitting authority, and shall not make a false report thereon.

Nevertheless, on April 19, 2016, the Defendant vicariously performed the duties of investigating and inspecting the use of a new building in G at a macro-city on behalf of the macro-market. The Defendant did not complete the construction work as a design book, such as the one-story termination project and the third floor, the fourth floor, the fourth floor, and the windows around the windows and windows with the fourth floor, and did not complete the construction work, and the “other matters” column shall be written, and the “general dog” column shall conform to the relevant statutes, and the “general dog” column shall be written in accordance with the relevant statutes, and reported to the macro-city City Mayor by the permission authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a statement supplementing relevant witnesses;

1. The defendant and the defense counsel asserted that the non-construction part is minor in light of the overall process and that it constitutes a justifiable act, since it is a business practice, since it does not report minor construction parts.

However, due to the non-construction of the instant building, such as protruding steel products, etc., the occupants of the instant building suffered damages due to the non-construction of the instant building, such as where steel products are protruding because electric wires and pipes are exposed due to the failure to complete the construction of the instant upper part, and such non-construction is minor.

Even if there is no evidence that the act of false report on such part is the practice of the building industry, and even if it is the practice of the building industry, the illegal practice is socially acceptable.

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