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(영문) 인천지방법원 2014.10.10 2013고정3133

건축법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person operating a used vehicle exporter in Yeonsu-gu, Incheon, under the trade name “D”.

Any person who intends to construct a temporary building with container or any similar structure among temporary buildings for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction, or temporary building, shall report to the head of the competent Gu, which is used as a temporary office, temporary warehouse, or temporary lodging establishment.

Nevertheless, on April 30, 2013, the defendant, without reporting to the head of the competent Gu, constructed a temporary building of 72 square meters of container size for the purpose of using D's office at the above place.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. A written accusation;

1. On-site photographs (the defendant and his defense counsel did not know whether the defendant should report the above container separately to the competent authority, and on the contrary, they were aware that the procedure was completed normally by the lessor of the leased site of this case, and thus there was no intention or illegality. However, according to the evidence duly adopted and examined by the court, it can be acknowledged that the defendant, a lessee, installed the container of this case without permission without permission, even though the lease agreement states that all the matters related to the permission to use the leased site of this case as the vehicle storage are responsible for the lessee, even though the lease agreement states that all the matters related to the permission to use the leased site of this case as the vehicle storage are determined by the competent authority. Accordingly, the defendant and his defense counsel cannot be viewed as having any intention to violate the Building Act or having no awareness

1. Subparagraph 1 of Article 111 and Article 20(2)1 of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014) regarding criminal facts.