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(영문) 서울중앙지방법원 2017.07.18 2017고정734

건축법위반

Text

Defendant shall be punished by a fine of three million won.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

B as a director of the defendant person, he is a general manager of the temporary building of the C Housing Exhibition Center in common, and the defendant is a corporation with the purpose of developing real estate such as the agency business of the housing association.

Any person who intends to construct a temporary building for purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, or temporary building for construction works, shall commence construction works after reporting to the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of a Si/Gun/Gu in accordance with the maintenance period, standards and procedures prescribed by Presidential Decree, and shall not file a report or application,

Nevertheless, B, from June 20, 2016 to August 5, 2016, constructed a temporary building by means of construction to change D's model house into the purpose of the housing exhibition hall without reporting within the above 'C' temporary building, and the defendant neglected to exercise due care and supervision over the relevant business even though he/she should prevent the above violation of B's employees.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. E statements;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing a written accusation, a photograph of a building in violation, a notice of a corrective order for a building in violation, an explanatory note, and a written confirmation;

1. Article 112 (3), Article 111 subparagraph 1, and Article 20 (3) of the Building Act concerning the facts constituting an offense;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;