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(영문) 수원지방법원 성남지원 2015.12.04 2015고정256
건축법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the head of the building office C.

An architect who vicariously conducts on-site surveys, inspections, and confirmations shall report the results of on-site surveys, inspections, or confirmation to the permitting authority in writing.

1. On December 6, 2010, the Defendant was selected as an architect for final approval for use (one-day special inspection) and conducted a field investigation on a newly built building of a multi-family house, the E architectural design office of which was designed and supervised in Gwangju-si, Gwangju-si, and did not conduct a field investigation even though the vacant distance (1,921m) in the completed site differs from design drawings (2,100m). On December 9, 2010, the Defendant reported that the vacant distance in the site is consistent with the design drawings for which approval for use and inspection protocol was approved, and that it was falsely reported.

2. On May 21, 2013, the Defendant was selected as a final approval for use (one-day special inspection) architect for a newly-built multi-household building, the E architectural design office of which was designed and supervised in Gwangju City, the Defendant did not conduct a field investigation even though the vacant distance (1,844m) in the completed site differs from design drawings (2,100m). On July 1, 2014, the Defendant reported that the vacant distance in the site is consistent with the design drawings for which the approval for use, investigation, and inspection report on the use of, and inspection report on the completed building was consistent with the permitted design drawings.

Summary of Evidence

1. Legal statement of witness G;

1. Police suspect interrogation protocol of the accused;

1. A copy of each police statement concerning G;

1. A copy of each supervision report;

1. A copy of each use inspection and inspection report, a copy of each cadastral status survey, and a copy of each building layout map;

1. The application of Acts and subordinate statutes to the perusal of data of the results of each cadastral status survey, and to the measurement photographs of data of each cadastral status survey;

1. Article 109 of the Building Act and Articles 27 (2) of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The Criminal Act for the detention of a workhouse;

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