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(영문) 서울중앙지방법원 2014.01.23 2013고단4962

건축법위반등

Text

Defendant

A shall be punished by a fine of 20,000,000 won, and the defendant corporation B shall be punished by a fine of 15,000,000 won, respectively.

Defendant

A.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B, and the defendant corporation B is a corporation established for the purpose of real estate rental, etc. in the Yeongdeungpo-gu Seoul Metropolitan Government E building.

1. A person who intends to run a public health business shall be equipped with facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare by type of a public health business, report to the head of a Si/Gun/Gu pursuant to Article 3 (1) of the Public Health Control Act, and when he/she intends to change important matters prescribed by the Ordinance of the Ministry of Health and Welfare, he/she shall also report such change

From January 2013 to April 26, 2013, the Defendant reported a public health business to the competent authority or changed the use of a building by receiving KRW 99,000 per day from the owners of 174 households among the Seocho-gu Seoul Seocho F buildings, who were approved to use as an officetel, and wishing to move to a large number of households.

2. Defendant B, at the same date, at the same place as in the above paragraph (1), and the representative director A, with respect to the Defendant’s business, operated a lodging business without reporting a public health business to the competent authorities as above, and operated a lodging business by using 174 households, which obtained approval for use as officetels, without obtaining permission from the competent authorities.

Summary of Evidence

1. The defendant A's partial statement

1. A written accusation;

1. Building ledger;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 8, 11, 12);

1. Article 108(1) and Article 19 of the Building Act; Article 20(1)1 and Article 3(1) of the Public Health Control Act; Article 112(3), Articles 108(1) and 19 of the Building Act; Article 20(1)1 and Article 3(1) of the Public Health Control Act; Article 112(3), 108(1), and 19 of the Building Act; Articles 21, 20(1)1 and 3(1) of the Public Health Control Act; Article 112(3) of the same Act