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(영문) 대전지방법원 서산지원 2015.10.02 2015고단228

건축법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 15,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of housing management service business, etc., and the defendant A is the representative of the above corporation.

1. Where a person who has obtained approval for use of a building intends to alter the use of the building, he/she shall obtain permission from the competent authority or report it to the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority from December 2, 2013 to June 2014, changed the purpose of use into a general restaurant (17.12 square meters), a general bath on the ground floor (442.9 square meters), a general bath on the ground (30.88 square meters) and a lodging facility (30.88 square meters), a general restaurant on the second floor on the ground (252.87 square meters), a general restaurant on the ground (17.12 square meters), a one-story wedding on the ground (442.9 square meters) and a resting facility (30.8 square meters) on the ground, and a second-story accommodation on the ground (252.87 square meters).

2. The Defendant B, at the time and place specified in paragraph (1), changed the use of the building without obtaining permission from the competent authority as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Application of a written accusation and statutes governing status photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 108 (1) and 19 (Selection of Imprisonment) of the Building Act;

B. Defendant B: Articles 112(3), 108(1), and 19 of the Building Act

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B corporation of the provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act is based on the fact that Defendant A is erroneous for the reason of sentencing, the primary offender is recognized, but the degree of changing the use of the building without permission is significant, the restoration to the original state is not made, and all other factors of sentencing as indicated in the records and arguments of the case are determined by taking into account the following factors.