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(영문) 인천지방법원 2018.12.12 2018고단6911

건축법위반

Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of housing construction business, real estate development business, etc., and the defendant A is the representative director of the above B Co.

1. A person who intends to change the purpose of use of a building approved for use outside the urban area of Defendant A shall obtain permission from, or make a report to, the competent authority under the relevant Acts and subordinate statutes;

Nevertheless, on October 5, 2016, the Defendant purchased the five-story building located in Seo-gu Incheon Metropolitan City, and around that time, from around to June 27, 2017, the Defendant installed a partition wall on the 2, 4th floor of the building and the 3,5th floor of the building approved as an educational and research facility without obtaining permission from the competent administrative agency, and installed a cooking facility, a toilet, etc. for each room, and changed the use of the building 2 to 5th (365.25 square meters of each floor) by leasing the building to D.

2. Defendant B, a representative director, changed the use of the building for which approval for use was obtained without obtaining permission from the competent authority as above, at the same time and place as that of the above A, in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

1. A written accusation;

1. Application of statutes governing certified copies of corporate registers;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 110 subparag. 1 of the Building Act and Article 19 subparag. 2 subparag. 1 of the same Act (or imprisonment);

(b) Defendant B: Article 112(3), Article 110 subparag. 1, and Article 19(2) subparag. 1 of the Building Act

1. Defendant A who is under the suspension of execution: Article 62 (1) of the Criminal Act ( considered as favorable circumstances as follows):

1. Defendant B Co., Ltd.: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the sentencing conditions specified in the trial process of the instant case, such as Defendant A’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.