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(영문) 대구지방법원 2018.03.30 2017고정1412
건축사법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 6,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of the F of the building office in Daegu-gu D and the building office in 504th 4th 504 (former office in Dong-gu E), and Defendant B is the person who actually operates the above F by lending the architect qualification from Defendant A.

No certified architect who has been issued a certified architect registration certificate shall allow any other person to provide an architectural service using his/her name or lend his/her certificate of qualification or registration to any other person.

Nevertheless, Defendant A conspired to receive an amount of money on the condition that Defendant B lend a certified architect qualification certificate to Defendant B.

1. As above, Defendant B, using Defendant A’s architect qualification certificate, conducted design and supervision of building construction, reconstruction, and building construction and construction works over a total of 163 occasions from the aforementioned date and time to June 29, 2016, including the design of a building for 207.8 square meters in Daegu North-gu G on March 13, 2013, by using Defendant A’s architect qualification certificate.

2. As to Defendant A’s above 1, Defendant B lent a certified architect’s license to Defendant B so that Defendant B may be engaged in a non-licensed architect business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Recording of a witness H's statement in the fourth public trial record;

1. Partial recording of a witness I's statement in the third public trial protocol;

1. Current status of building permission, inquiry into current status of building permission, and current status of registration of architectural firms;

1. Inquiry of transaction details and account details;

1. Application of Acts and subordinate statutes on telephone details;

1. Article 39-2 Subparag. 3 and 10 of the Construction Justice Act and the selection of fines for criminal facts

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. The portion not guilty (Defendant B) of Article 334(1) of the Criminal Procedure Act, each of the Defendants’ orders for provisional payment

1. A person who has the right to permit a building summary of the facts charged shall conduct a field investigation and inspection of the building;

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