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(영문) 인천지방법원 2018.08.17 2017노4647
건축사법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) F is the designer of the building project for H collective housing in Nam-gu Incheon Metropolitan City (hereinafter “instant construction project”), and the Defendant only prepared a draft of the supervision report of the instant construction project and did not perform supervision over the instant construction project.

2) While the Defendant neglected on-site verification during the process of preparing a supervision report, the Defendant considered the supervision report and registered it on the third site directly, and actually performed supervision.

B. The gist of the facts charged in the instant case is that the Defendant lent a certified architect qualification certificate to the architect F or a bromoer G with respect to the supervision of the instant construction work, but the lower court convicted the Defendant of the facts charged that the Defendant had a certified architect F or a bromoer G using his name in violation of the principle of infinite and unfavorable treatment.

2. Judgment on the assertion of mistake of facts

A. On October 2015, the Defendant received KRW 3 million loan from ArchitectF and construction slab G at the E office located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and borrowed a certified architect qualification certificate to accept the supervision of the instant construction work in his/her name and enable him/her to perform the supervision of the instant construction work until the completion of the instant construction work.

B. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and examined by the lower court, it is insufficient to recognize that the Defendant had F and G engaged in supervision over the instant construction work using his name only with the evidence submitted by the Prosecutor.

In addition, as the court below found the defendant not guilty, his architect with respect to the supervision of the instant construction work against F and G only by the evidence submitted by the prosecutor.

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