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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1287

건축법위반등

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant A is the manager of Suwon-gu, Busan, and Defendant B is a corporation operating hotel C.

1. A person who intends to construct or repair a defendant A building shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the head of the Suwon-gu Office, installed a wall on the above hotel rooftop on a light-weight aggregate and installed a entrance, and extended a restaurant with a size of 150.85 square meters.

2. Defendant B, an employee of the Defendant Company B, committed the same offense as described in paragraph (1) with respect to the Defendant’s business.

A person who intends to conduct a general restaurant business (defendant A) shall report his/her business to the competent authority.

Nevertheless, the Defendant did not report the general restaurant business to the head of the Si/Gun/Gu in Busan, from February 20, 2018 to June 11, 2018, and operated a general restaurant with the trade name of 120 square meters in size from C21 in the Si/Gun/Gu in Busan, and with cooking facilities, such as a cooling pipe, gas siren, and the table and table, and other business facilities, and operated a general restaurant with a volume of KRW 10 million in the monthly average sales of 10 million, by cooking and selling boomed rice and so on to many unspecified customers.

Summary of Evidence

[2018 Highest 1287]

1. Defendant A’s legal statement

1. A written accusation;

1. On-site photographs of the violated building;

1. Investigation report (to hear statements by telephone from a person in charge of the Gu office);

1. Defendant A’s legal statement

1. E statements;

1. A written accusation;

1. A written statement;

1. Application of Acts and subordinate statutes to photographs verifying places of violation;

1. Article 108(1), Article 11(1) (unauthorized extension) of the Building Act, Article 97 subparag. 1, Article 37(4) (unreported restaurant business) of the Food Sanitation Act, and Article 112(3), Article 108(1), and Article 11(1) of the Building Act, respectively, concerning the crime committed by Defendant B - Imprisonment: Articles 112(3), 108(1), and 11(1) of the Building Act

1. Aggravation of concurrent crimes (Defendant A)