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(영문) 서울중앙지방법원 2018.07.26 2017고단6657
건축사법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the representative of 'D' in Gangnam-gu Seoul, and Defendant B is the representative of 'F of the private office of building in Seocho-gu Seoul Metropolitan Government E'.

1. Around March 3, 2015, the Defendant, who is not a certified architect, was requested to design, design, supervise, etc. all of the steel reinforced concrete structures (including detached houses, etc.) with a total floor area of 199.8 square meters (162.13 square meters after alteration) of the H site 90 square meters in Gangseo-gu, Sejong-gun, Gangwon-do, which is the main owner of the building in the foregoing D, for the construction of KRW 30 million. From around that time to August 2015, the Defendant conducted design, design, supervision, etc. using the name of the building owner in the above B.

2. No defendant B certified architect shall allow another person to provide a certified architect's services using his/her name.

Nevertheless, as an architect, at the above date and time, A without a qualification as an architect, requested the design and supervision of the above steel-reind concrete structures by G, and had the Defendant perform the affairs of building design, design change, supervision, etc. in the name of the defendant.

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. Design, supervision and construction contracts, mutually agreed documents, tax invoices, application documents for a building permit, closure of the electronic mail, interim supervision reports, and construction supervision contracts for the Pyeongtaek project;

1. Application of Acts and subordinate statutes on the screen of a letter message, a Kakaotograph and a page of a text conversation to take a course;

1. Relevant Article of the Act and Article 39-2 subparagraph 3 and Article 10 of the Construction Act, respectively, applicable to the facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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