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(영문) 인천지방법원 2017.11.30 2016고정3729
건축사법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No certified architect shall allow other persons to provide certified architect services by using his/her name.

Nevertheless, around March 2015, the Defendant received a loan fee of KRW 4,588,00 from a certified architect F and a construction hub G, and entrusted the construction supervision of a construction work of a H apartment house in the Nam-gu Incheon Metropolitan Government (hereinafter “instant building”). From around that time, the Defendant used his name to complete the construction work, thereby having a certified architect F and a construction hub G perform the construction supervision work.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the witness F and G in the second public trial records;

1. An application for building permit, a construction supervision contract, a construction supervision report, etc. (Evidence records of between 4 and 58 pages);

1. A copy of the written judgment (Seoul District Court 2016 High Court 2016 High Court 7493), evidence No. 8 (F) [A copy of the protocol of interrogation of suspects of the prosecution against F] of the building of this case asserts to the effect that the Defendant and the defense counsel did not attend the scene every day because the supervision of the building of this case constitutes a non-permanent supervision, but

In light of the above evidence, the following facts are examined: ① The construction drawings of the building of this case are to be constructed with a fire-fighting glass; ② the construction of the building of this case, F and G are to be executed with a general glass; however, the construction process under the supervision completion report was all legitimate; and the crime, etc. charged with conducting supervision by using the Defendant’s architect’s name; and the fact that the judgment became final and conclusive upon conviction (the same judgment was rendered in relation to the construction of the building of this case other than the building of this case, Incheon District Court 2016 High Court 7493, and the building of this case, and F and G were led to the confession of all crimes).

② F did not have any indication in the process of prosecutorial investigation that was executed as favorable to fire, and to some extent.

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