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(영문) 수원지방법원 성남지원 2017.01.19 2016고단3454

건축법위반

Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of real estate sale, lease, etc. located in Songpa-gu Seoul Metropolitan Government E and 4, and Defendant A is the representative director of the above corporation.

1. No owner of a building who has obtained approval for use from the competent authority shall use the building or make another person use the building;

A. The Defendant leased No. 202 of the foregoing building to H around February 26, 2015, around April 16, 2016, to G-based housing G-based (the owner A, the total floor area of 528.96 square meters) with the fourth floor located in G-based, Gyeonggi-si, and one parcel of land, without obtaining approval from the competent authority for use. On January 26, 2015, the above building No. 102 was used as a field office. On or around February 26, 2015, the above building No. 202, around April 16, 2016, to I, and around April 30, 2016, the above building No. 301, the above building No. 301, which was leased to the

B. On June 2016, the Defendant leased No. 101 of the said building to L, without obtaining approval for use from the competent authorities, from the fourth-story multi-household G lending B (project owner Co., Ltd., and the total floor area of 528.96 square meters) located outside K and two parcels in Gyeonggi-si, Gyeonggi-si, and the Defendant leased the said building to L.

2. A, the representative director of B Defendant, used the building without obtaining approval for use of the Defendant’s business as described in paragraph 1(b).

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of M;

1. Each accusation;

1. A report on investigation;

1. Application of Acts and subordinate statutes to certificates for all registered matters, and certificates of facts;

1. Article 110 Subparag. 2 and Article 22(3) of the Building Act; Defendant B who choose a fine: Articles 112(3), 110 Subparag. 2 and 22(3) of the Building Act; Selection of a fine: Articles 110 Subparag. 2 and 22(3) of the Building Act; Selection of a fine;

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act