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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The design and construction supervision of a building, the investigation or appraisal of a building, etc. can be conducted only by a certified architect who has passed a qualifying examination conducted by the Minister of Land, Infrastructure and Transport;
However, among the facts charged in the instant case, it is difficult to view that Defendant B, an architect, was in actual attendance at the office when based on the details of reinforcement comparison, etc., and L was in actual attendance at the office of Defendant B, the architect, and the head of the office, who performed the duties, such as setting the conditions at the time of his employment or conducting fund management. The above architect office should be deemed to have performed the duties of the architect while actually operating
In addition, according to the statement of "G architect office" among the facts charged in the instant case, Defendant D, an architect, did not work almost in the G architect office, and according to the statement of J, he began to work with the consent of Defendant C, the secretary of the office, and the above architect office should be deemed to have been actually operated by Defendant C while actually operating the office.
Nevertheless, the court below rendered a not guilty verdict on all the charges of this case on the ground that Defendant A did not prove that Defendant C had performed each architectural business in the name of Defendant B, and that Defendant C had not been proven in the name of Defendant D. The court below erred by misapprehending the facts or by misapprehending the legal principles,
2. The lower court determined: (a) although Defendant A and C made a statement that they managed the accounts of each architect office, it alone is insufficient to view that the interests of the office were entirely attributed to the said Defendants; (b) in the case of E architect office, the employees’ benefits and design expenses were confirmed; (c) details of access to the typter, details of workplace medical insurance, and vehicle entry.