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(영문) 인천지방법원 2014.10.20 2013고정2647

건축법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in a used vehicle export business under the trade name of “D” in Yeonsu-gu Incheon Metropolitan City C.

Any person who intends to erect a temporary building with container or similar materials among temporary buildings for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction work, temporary building, etc. shall report to the head of the Gu.

Nevertheless, on May 2013, the Defendant, without reporting to the competent authorities, constructed a temporary building of 48 square meters or less of a container size, for the purpose of leasing approximately 500 square meters to the above place, and for the purpose of selling and selling D or using D for booms, etc.

Summary of Evidence

1. A protocol concerning the examination of partial police officers of the accused;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 111 Subparag. 1 and Article 20(2) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014) on criminal facts

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant and the defense counsel did not know that the Defendant should report the establishment of the instant container to the competent authority separately. Rather, the lessor of the instant leased site knew that the procedure was completed normally, and thus, did not have any awareness of intention or illegality.

However, according to the records of this case, although the lease agreement stipulates that all matters related to the permission to use the leased site of this case as the storage for a motor vehicle shall be responsible for the lessee, the fact that the lessee, without permission, installs the container of this case can be recognized, without permission, without examining at all the competent authorities concerning the matters related to the permission.