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(영문) 광주지방법원 2012.06.28 2011고정3019
위계공무집행방해
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 shall be one day.

Reasons

Criminal facts

On December 2007, the defendant was awarded a contract for the construction of a new food plant in North-gu, Gwangju, and F was awarded a contract for the panel construction by the above C, and G supplied the panel to the panel construction.

In order to obtain approval for use of a factory use building larger than a certain size, materials that do not cause any fire-prevention damage shall be used.

However, in reality, it was practically impossible for a certified architect or a public official in charge of approval for use to verify which materials are actually used when submitting a false test report and a supply confirmation, because a certified architect's supervision is conducted in writing and a public official in charge of approval for use is also conducting business based on a supervision report prepared by a certified architect.

G Based on these points, by supplying a panel less than the above C with difficult grade 3, the G would be a cycle of issuing test results and delivery certificates so that it could have been able to start with and obtain approval for use as if it had been engaged in the “influenent Grade 3” panel, and the Defendant approved this, and the Defendant offered the Defendant with the test results and delivery certificates to the effect that the construction was conducted after receiving the “influent Grade 3” panel from G, which was supplied by G, and that the construction was conducted with the “influent Grade 3” panel.

As a result, G from March 31, 2008

4. By the end of 25.2, a panel was supplied to F with less than the “influence 3” at the construction site, and F had the panel complete the part of the roof walls of the above factory.

In addition, G issued a test report and a certificate of supply to the panel of “infertility Grade 3” to G, and F submitted the above documents to the Defendant, and the Defendant submitted them to the architect H.

H Based on the above documents, a supervisory report to the effect that the completed part of the above factory is appropriate.

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