beta
(영문) 제주지방법원 2016.06.08 2016고단455

건축법위반

Text

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of five thousand won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person working as the representative director of B corporation from September 16, 2015, and Defendant B is a building owner of detached houses newly built in Jeju-si and six pages as a corporation established for real estate development business, etc.

No project owner shall use a building or use it unless he/she has obtained approval for use.

1. On October 2015, Defendant A newly built 2 stories above ground and 9.07 or 9.69 square meters of detached houses on the land outside Jeju-si, Jeju-si, and six pieces of detached houses, and without obtaining approval from the head of the Dong-Eup, a competent administrative agency, the Defendant used the building by allowing both the several parts of the said detached houses of 13 units (1, 2, 3, 5, 6, 7, 11, 12, 14, 15, 16, 17, 19, and 19 units of the said detached houses to move into each detached house, without obtaining approval from the head of the Dong-Eup, the head of the competent administrative agency. < Amended by Presidential Decree No. 26794, Oct. 1, 2015; Presidential Decree No. 25020, Oct. 1, 2015>

2. Defendant B Co., Ltd. used the building without obtaining the above approval on the Defendant’s business at the above date, time, and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, E’s written statement, a written advance occupancy approval, a business registration certificate, a certified copy of a corporate registry, a building placement map, on-site photograph, a certificate of on-site report, a written approval for use (after-the-spot), etc. of the head of the patriotic Eup, and a written notification for a building report;

1. Application of Acts and subordinate statutes of a physical list and sales contract;

1. Article 110 subparag. 2 of the Building Act and Article 22 subparag. 3 of the same Act: Defendant B who choose to imprisonment: Articles 112 subparag. 3, 110 subparag. 2 and 22 subparag. 3 of the Building Act;

1. Suspension of execution (Defendant A): Article 62 (1) of the Criminal Act;

1. Provisional payment order (Defendant B stock company): It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act;

Defendant A committed the instant crime while being investigated as a violation of the Waste Management Act with respect to the site of this case, and even after filing a complaint with the head of the Dong/Eup.