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(영문) 서울중앙지방법원 2016.10.26 2016고정1373

건축법위반

Text

Defendants shall be punished by a fine of KRW 2,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant B is co-owner of a building located in Jung-gu Seoul Metropolitan Government F.

On October 2015, the Defendant, without obtaining permission from the competent authority, extended the elevator room to the rooftop of the above building without permission.

2. Defendant A is a co-owner of a building located in the Seoul Central District F. A.

On November 2015, the Defendant changed the use of the first floor of the building to a exhibition room which is a cultural and assembly facility, without obtaining permission from the competent authority.

B. On November 2015, the Defendant changed the use of the fourth and fifth floors to a residential business office, which was approved as a Class I neighborhood living facility without reporting to a competent authority.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The witness G’s legal statement (as to the defendant A)

1. Each protocol concerning the examination of suspect of H and I (with respect to the defendant B);

1. Application of Acts and subordinate statutes to general building ledgers and inspection record plates (electric elevators);

1. Defendant A: Articles 108(1) and 19(2) of the Building Act; Articles 108(1) and 108(1) and 11(1) of the Building Act; Articles 108(1) and 11(1) of the Building Act; and

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants 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