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(영문) 인천지방법원 2014.10.10 2013고정2906

건축법위반

Text

Defendant

A shall be punished by a fine of 300,000 won, and a fine of 300,000 won for Defendant B.

Defendant

A above.

Reasons

Punishment of the crime

1. A person who intends to build a temporary building shall report to the head of the competent Gu;

Nevertheless, on April 10, 2013, the Defendant established one container stuff, which is a temporary building of 32 square meters in area D on the land of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, without reporting to the head of the competent office.

2. Defendant B Co., Ltd. had Defendant A, the actual representative of Defendant B, set up one container stuff, which is a temporary building, without reporting as above, on the Defendant B’s business.

Summary of Evidence

1. Some police interrogation protocol of the defendant A;

1. A written accusation;

1. On-site photographs;

1. The entire certificate of registered matters (the defendant A and his defense counsel did not know that the defendant A was required to report separately to the competent authority on the installation of the above container, and rather, they were aware that the procedure was completed normally by the lessor of the leased site of this case, and thus there was no intention or illegality. However, according to the evidence duly adopted and investigated by the court, the fact that the leased site of this case was installed without permission without permission, even though the former lessee's duty to use the leased site of this case as the vehicle storage under the lease agreement was stated to be the lessee's responsibility, the former lessee's construction of the container of this case cannot be seen as not intentional violation of the Building Act or there was no awareness of illegality. Accordingly, the defendant A and the defense counsel's assertion cannot be accepted.).

1. Article applicable to criminal facts;

A. Defendant A: Article 111 Subparag. 1 and Article 20(2) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014; hereinafter the same)

B. Defendant B: Gu.