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(영문) 수원지방법원 2020.11.25 2020고정1524

국토의계획및이용에관한법률위반등

Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of building construction business, etc. in Bupyeong-si C Apartment D, which is a corporation with the total floor area equivalent to the total area of 376.52 square meters and the total area of 376.52 square meters and subcontracted from F Co., Ltd., and Defendant A is a person who actually operates and exercises overall control over the above construction work

1. Defendant A

(a) Any person who violates the Building Act shall obtain permission from the competent permitting authority to modify any building permit, as prescribed by Presidential Decree;

Nevertheless, from September 2, 2019 to November 2, 2019, the Defendant moved about 3 meters from the original reported location to the west (use: warehouse) of one of the above buildings (use: warehouse) without obtaining permission from the permitting authority for alteration, and another one (use: office) constructed by moving about 3.5 meters to the west.

(b) Any person who intends to engage in development activities, such as construction of buildings and installation of structures in violation of the National Land Planning and Utilization Act, shall obtain permission from the competent authority, and where he/she intends to modify matters permitted for development activities;

Nevertheless, the Defendant did not obtain permission for change from the competent authority at the date, time, and place specified in paragraph (1), and constructed a plan height of the above site with a size of 1,492 square meters at 95.5 to 98.4 meters, and installed a maximum of 3 meters in height and 66 meters in length.

2. Defendant B Co., Ltd. committed an act identical to that set forth in paragraph (1) with respect to the Defendant Company’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of G and H (public officials in charge of accusation);

1. A written accusation and a written accusation;

1. A detailed statement of a violation, a land use plan, a plan for prevention of damage, a location map, a site photograph, a person, a report on illegal construction works, a construction work correction order, a standard contract for private construction works, and B;