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(영문) 전주지방법원 정읍지원 2015.01.20 2014고단567

건축법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by a fine of one million won, and by a fine of five million won, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

A is the chief director representing B cooperatives, and the suspect B cooperatives are corporations established with the aim of promoting the welfare of the Chinese farmers and contributing to the balanced development of mutual assistance and the national economy and the sound development of the Chinese-friendly industry.

1. Defendant A

(a) Where a building with a total floor area of less than 200 square meters and less than three floors is constructed in an agricultural and forest area under the National Land Planning and Utilization Act, a report thereon shall be filed in advance with the competent authority;

1) Around March 12, 2013, the Defendant: (a) constructed a building in an agricultural and forest area located in Jung-Eup/Myeon; (b) extended the office of 28 square meters of the total floor area of 1st floor and the warehouse of 9 square meters of the total floor area of 1st floor into light steel bars, respectively, without filing a construction report with the Mayor of Jung-Eup/Myeon; (c) until August 2013, the Defendant, without permission, filed a construction report with the Mayor of Jung-Eup/Myeon at the same place; and (d) extended the number of livestock facilities of 134 square meters of the total floor to 7.04 square meters of the total floor area of 1st floor, 134.4 square meters, and 134.4 square meters, respectively, by installing

(b) A person who intends to construct or repair a building shall obtain permission from the head of a Si/Gun/Gu;

On August 2013, the Defendant, without obtaining construction permission at the same place, set up a steel pipe pole with a total floor area of 291.2 square meters and two livestock facilities of 291.2 square meters, respectively, and extended the number of livestock facilities without permission by putting the roof of the board over the roof of the board.

2. Defendant B, at the time, and at the place of the above paragraph (1) above, committed the act of violating the Building Act in relation to the business of the above legal entity A, who is its representative.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Photographs of the violated building;

1. Application of Acts and subordinate statutes to report the status of buildings in violation;

1. Article applicable to criminal facts;

A. Defendant A: Article 111 subparag. 1 and Article 14(1)2 of the Building Act (the extension without permission) and Article 110 of the Building Act.