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(영문) 대전지방법원 서산지원 2016.04.01 2015고정331

건축법위반

Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who was the manager of the “C” in Seosan City, and Defendant Nice General Construction Co., Ltd. is a corporation operating the said “C”.

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

A. On November 2014, the Defendant: (a) laid off the part of the stairs that were under operation of the said “C,” without obtaining permission from the Seogsan market; and (b) 50.16 square meters of the neighboring living facilities for the purpose of the non-afforesting facility, which are buildings with a light-scale steel-frame structure, and 19.2 square meters of the neighboring living facilities for the purpose of the non-afforesting facility, which are buildings with a steel pipe structure.

B. On November 2014, the Defendant, without obtaining permission from the Seosan market, extended the 54 square meters of the non-afforest and the 2-type neighborhood living facilities located in the 2-type neighborhood living facilities for temporary storage to the adjacent part of the cafeteria’s cafeteria’s operating building, which is a building of the steel pipe structure, to the cafeteria’s cafeteria.

2. The Defendant, Inc., the Defendant, at the time and place specified in Paragraph 1, extended the building without obtaining permission, as described in Paragraph 1, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Application of each current status photograph, copy of building register, and aviation photography Acts and subordinate statutes;

1. Article 112(3), Article 108(1), and Article 11(1) of the Building Act as to the facts constituting an offense, the pertinent provision of the Act and the choice of punishment (the Defendants)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal 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