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(영문) 인천지방법원 2014.01.17 2013고정2933
주택법위반
Text

Defendants are innocent.

Reasons

1. Summary of the facts charged

A. Defendant B is a director of the supervising project division of a stock company A, who is dispatched to the construction site and performs supervision over the construction work, and was designated as a supervisor of construction work for the Seongbuk-gu Seoul Metropolitan Government D main apartment complex constructed by the same soil company, and performed supervision over the construction work. The supervisor shall not cause damage to the occupants by faithfully checking whether the construction work is performed in compliance with the design documents and specifications regarding the supervision of construction work of the housing construction work.

Nevertheless, the Defendant, on November 30, 201, submitted to the Seongbuk-gu Seoul Metropolitan Government Office a report on the completion of supervision to be submitted on or around November 30, 201, notwithstanding the fact that there was any portion of the electrical construction, landscaping, and creative construction of the above apartment, etc., and provided it to the Seongbuk-gu Office on the same day after stating that the total progress rate of construction is 100% as if all the construction was completed, thereby causing damage to the occupants, such as dust and noise damage caused by the continuation of construction, and additional interest burden due to delayed occupancy.

B. The Defendant Company A, who is an employee of the Defendant, prepared and submitted a report on completion of supervision containing false facts as stated in the preceding paragraph in relation to the Defendant’s business, thereby causing damage to the occupants.

2. Article 24(2) of the Housing Act provides for the duties to be performed by a supervisor, and Article 98(3) of the Housing Act provides for the punishment of “A person who causes damage to a project proprietor or occupants by executing illegal housing construction works by neglecting supervisory duties pursuant to Article 24(2) by intention or negligence.”

According to the evidence submitted by the prosecutor, the defendants submitted a completion report to the Seongbuk-gu Seoul Metropolitan Government Office on November 30, 201, stating that the total progress rate is 100% even if the defendants were partially unexecutiond.

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