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(영문) 전주지방법원 군산지원 2018.08.22 2017고정385

건축법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a limited company B director, Defendant Limited Company B is a corporation established for the purpose of Smarket business, etc.

1. Defendant A and other nine parcels, including H, belong to a limited company B, and an application for permission for extension was filed on February 11, 2016 and obtained permission to use them as a person on August 26, 2016, with a total floor area of 2038.92 square meters and a building area of 1760.29 square meters.

Pursuant to Article 22 of the Building Act (Approval for Use of Building Water), a person who intends to change the use of a building of 1760.29 square meters on the first floor to a sales facility (business facility group) corresponding to the upper military, which has obtained approval for the use of the building for the rest of a restaurant in Class 2 neighborhood living facilities (the group of neighborhood living facilities) shall obtain permission from the competent Mayor/Do governor as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport of the Republic of Korea.

Nevertheless, from September 1, 2016 to January 30, 2017, the Defendant, without permission, operated a roof of 1760.29m29m2 as I, aground, with a general steel structure installed in the above site located in an urban area, and with a light-weight steel frame, etc.

2. The above Gap, an employee of the defendant, committed the act of violating the above Paragraph 1 in relation to the defendant's work at the date, time, and place of the above Paragraph 1 of this Article.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of J;

1. Statement made by the prosecution to K;

1. Statement made by the police to J;

1. Written Statement;

1. Application of Acts and subordinate statutes to the accusation, non-compliant photographs, design drawings, general table table A in the building ledger, general building ledger A, order to reinstate the original state of a non-compliant building, and pre-announcement of compulsory performance of a non-compliant building;

1. Article 108 (1) and Article 19 (2) 1 of the Building Act, and Article 112 (3), Article 108 (1), and Article 108 (1) and Article 19 (2) 1 of the Act, and Article 112 (3), Article 108 (1), and Article 19 (2) 1 of the Building Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act / [Defendant-Appellant]