beta
(영문) 수원지방법원 평택지원 2017.07.06 2016고정739

건축법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

C is the owner of a building of one Dong (hereinafter referred to as “instant building”) with the size of 114.88 square meters of the 2nd floor area of the D-based D-si, Ansan-si, and the Defendant is the supervisor of the construction who has been requested by C to supervise the construction of the said new building and to vicariously perform the construction permit.

Where a construction supervisor completes a project, he/she shall submit a report on the completion of supervision to the project owner, and shall not prepare a false report.

Nevertheless, even though the Defendant knew that the instant building completed around July 2016 was newly constructed at least two meters from the design drawings for which permission was granted, he/she prepared a false report on the completion of supervision as if the instant building was newly constructed as the design drawings. On July 26, 2016, the Defendant submitted a false report on the completion of supervision on behalf of the owner C while applying for approval for the use of the instant building on behalf of the owner C on behalf of the owner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. E statements;

1. Application of the Building Act, accusation, accusation, and on-site photograph-related Acts and subordinate statutes;

1. Article 110 subparagraph 6 of the Building Act, Article 110 and Article 25 (6) of the Building Act, the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;