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(영문) 제주지방법원 2018.03.22 2017고정431

건축법위반

Text

Defendants shall be punished by a fine of 2.5 million won.

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

B The representative of A, the defendant A corporation is an enterprise that operates the first underground floor and the 8th floor accommodation facilities ( hotel) on the ground located in Jeju City E.

1. A person who intends to construct or repair a building in accordance with the relevant Acts and subordinate statutes of Defendant B shall obtain approval from the head of a Si/Gun/Gu;

A. Nevertheless, on December 2, 2015, Defendant B extended, without prior approval, a freezing storage equivalent to 11.188 square meters in size on a toilet with an area of 15.500 square meters on the eight-storys above the hotel of the instant hotel, and a freezing storage equivalent to the area of 11.18 square meters on the top of the hotel of the ground;

B. From the early patrolman of the same month to the early patrolman on January 2016, an extension of a facility equivalent to the area of 780.340 square meters on the nine-storys above the hotel of this case without prior approval.

2. Defendant A Co., Ltd. should have exercised due care and supervision to prevent Defendant B from committing a violation as referred to in the above paragraph (1). However, Defendant A Co., Ltd. neglected this.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. A written accusation;

1. Application of the entire Acts and subordinate statutes to the facilities in violation of G hotel;

1. Defendant B: Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Articles 112(3), 108(1), and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 201);

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Although the area of the instant unauthorized extension portion for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is wide and large, the Defendant removed the entire facilities of each floor on the ground without permission and restored to the original state, the Defendant’s compulsory performance of construction violating the head of H Eup according to the Defendant’s restoration to the original state was reduced, and the Defendant was declared bankrupt (the foregoing Company is declared bankrupt and I becomes the administrator of bankruptcy).