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(영문) 부산지방법원 2018.02.21 2016고정4339
허위감정
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C is a person in charge of overall management of the company's business as the representative director of the E Co., Ltd. (hereinafter referred to as "E") located in the Dong-gu Busan Metropolitan City, and F is a E director who was selected as a court appraiser and performed the appraiser's business under C's order. G is a person who worked at H office until the end of April 2015, who was a majority of the court's construction appraiser's work, and the defendant was a person who assisted the above H office with G court's appraiser's work at H office.

F On March 19, 2015, the Changwon District Court No. 309 rendered an order to assess the defective construction costs of the Moel Building in K at the time of 2014 as an appraiser in the case of construction cost between Plaintiff I and Defendant J, No. 2965, and to take an oath. This order was issued by the full bench (No. 1 civil division) to assess the defective construction costs of the Moel Building in K.

In this case, F merely performed a simple case of appraisal of housing defects, and it was a collegiate panel of the case that did not have an objective ability to conduct the above case requiring a complex construction appraisal due to different fields, such as the 13 interior 13 interior gates, etc. of the Moel building. The private E, as an enterprise specialized in safety diagnosis, has no assistant to conduct the court construction appraisal as an enterprise specializing in the safety diagnosis, has experience in the appraisal execution, and in particular, did not have a physical condition to conduct the construction appraisal properly.

C There is no experience that F has performed a complicated appraisal as above, and even before and after February 2015, 2015, the applicant E received money from the customer and took money from the E, and he was aware that it is difficult to expect the normal performance of appraisal work due to absence from work without permission between two months and four months from March 2015, or absence from work without permission. As such, the relationship was well known that F is difficult to expect G with much court appraisal experience to perform the F appraiser’s work instead of the F appraiser’s work.

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