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(영문) 인천지방법원 부천지원 2017.05.31 2017고정379

건축법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the head of a cooperative, leased 625.52 square meters of the 1st floor underground of the building located in Seocheon-si, Seocheon-si, to E, and E is a possessor who is operating a business with the trade name, "F" around January 29, 2016.

A project owner or contractor who intends to change the use of a building shall obtain permission from, or file a report to, the competent authority.

Nevertheless, the Defendant, in collusion with E without obtaining permission from the competent authorities, had E engage in business activities by changing the use of the above building that falls under sales facilities (stores) from January 29, 2016 to December 7, 2016 to a dance hall (col text), which is an amusement facility.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of Acts and subordinate statutes to the aggregate building ledger and each business trip report;

1. Article 108(1) and Article 109(2) of the Building Act, Article 30 of the Criminal Act, and the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (a fine of two million won to be postponed) recognizes and reflects the Defendant’s mistake in sentencing.

In order to prevent the act of E, there is an aspect that the defendant was endeavoring to prevent the act of E and filed a complaint or other measures, but does not mean.

It has been living without criminal records for more than 30 years.

It seems that the same does not apply to recidivism.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be comprehensively considered and judged as ordered.