건축법위반
Defendant
A Imprisonment for four months, Defendant C shall be punished by a fine of 2,00,000 won, and Defendant D shall be punished by imprisonment for four months.
Defendant .
Punishment of the crime
1. Defendants B and D are the owners of buildings with a total floor area of 1,868.5 square meters in Suwon-si, Suwon-si, and Defendant C is the representative director of “O of a stock company” on March 31, 2010, who entered into a lease contract with Defendant B on the above building. Defendant D is the lessee who actually takes charge of the construction work on the above building as the executive director of the said company.
In accordance with the terms and conditions of the above lease agreement, Defendant B and Defendant C leased the above building to Defendant C from August 1, 2010, and Defendant C agreed to take overall control of the removal, remodeling, and expansion of the building, and Defendant C continued to perform the removal, remodeling, and extension of the building in accordance with the order of the above Defendant C.
A person who intends to construct or repair a building shall obtain permission from the competent authorities.
Nevertheless, Defendant B and D conspired to repair the above building from May 2010 to June 2010 by demolishing the outer wall and floor of the above building in order to extend the building located within the urban planning zone without obtaining permission from the competent authorities.
2. Defendant C is the representative director of “O” and the lessee who entered into a lease contract with Defendant C on March 31, 2010 with respect to the above building.
According to the terms and conditions of the above lease agreement, the Defendant agreed to take overall charge of the removal, remodeling, and expansion of the above building, and the Defendant D continued to perform the removal, remodeling, and expansion of the above building in accordance with the direction of the above Defendant C.
A person who intends to construct or repair a building on a large scale shall obtain permission from the competent authority, but Defendant B and D conspired with each other to repair the building on a large scale by dismantling the outer wall and floor of the building in order to extend the building located within the urban planning zone without obtaining permission from the competent authority between May 2010 and June 2010.
Accordingly, the defendant is subject to the lease contract.