beta
(영문) 수원지방법원 2013.06.12 2012고정3487

건축법위반등

Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a person who operates Defendant B, and Defendant B is the owner of building D located in Suwon-gu, Suwon-si, which is a corporation that manufactures and sells authorized machines.

1. Defendant A

A. An annexed parking lot in violation of the Parking Lot Act cannot be used for any purpose other than the parking lot. However, the Defendant arbitrarily installed a parking lot of 1.50 square meters and an annexed parking lot of 11.50 square meters at around July 15, 2012, and used it for any purpose other than the parking lot.

B. Around July 15, 2012, the owner of a building who violated the Building Act obtained permission from the permitting authority or filed a report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, but the Defendant, without permission from the competent authority, changed the permitted matters by installing outdoor connecting stairs of 3.5 square meters in a steel structure on the five-story above the ground without permission from the competent authority.

2. Defendant B Co., Ltd. used the attached parking lot for purposes other than the parking lot as set forth in paragraph (1) of the above Article, the representative of which was Defendant B Co., Ltd., without permission.

Summary of Evidence

1. Defendant A’s legal statement

1. E statements;

1. A complaint, a copy of a building drawing, and a copy of a general building management ledger;

1. Application of Acts and subordinate statutes governing violation photographs;

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

(a) Defendant A: Articles 29(1)2, 19-4(1) of the Parking Lot Act (the use of a parking lot for any purpose other than that of a parking lot), 110 Subparag. 2, and 16(1) of the Building Act (a) and the choice of fines, respectively;

(b) Defendant B stock company: Articles 31, 29 (1) 2, 19-4 (1) of the Parking Lot Act ( point of use for purposes other than attached parking lots), 112 (3), 110 subparagraph 2, and 16 (1) of the Building Act ( point of unauthorized alteration of permitted matters);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis.