beta
(영문) 수원지방법원 2019.11.21 2019고정1293

건축법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person who operates a motor vehicle maintenance enterprise under the trade name of corporation B from the wife population C in Young-si.

1. A person who intends to change the use of a building, the use of which has been approved, to a sub-Gun shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head

Nevertheless, from August 24, 2018 to November 27, 2018, the Defendant, without reporting to the competent authority on the part of the part of the 249m2 of the land-based area C, the location of the said company’s business establishment, which was approved for use as a motor vehicle-related facility, and without reporting to the competent authority, carried out the processing of sand and painting, and supplied it to E.

Accordingly, the defendant changed the use of the above building, which is a motor vehicle-related facility, to the industrial facility group without reporting to the competent authorities.

2. Defendant B, a representative of the Defendant, committed an act violating the Building Act in relation to the Defendant’s business as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. The application of Acts and subordinate statutes requesting investigative cooperation and investigation reports (Submission of an accusation-Submission of materials of a violation photographic material, etc.), replys to requests for investigative cooperation and replys;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 108(1) and 19(2) of the former Building Act (Amended by Act No. 16380, Apr. 23, 2019; hereinafter the same)

B. Defendant B: Article 112(3) of the Building Act; Articles 108(1) and 19(2) of the former Building Act; selection of fines

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

1. Determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The defendant A’s assertion is a nife of a motor vehicle at the said motor vehicle maintenance office.