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(영문) 의정부지방법원 고양지원 2019.08.23 2019고정506

건축법위반

Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

B is the representative director of corporation A, and the defendant corporation A is a corporation that owns buildings D and E in Gyeyang-gu, Soyang-gu.

1. Defendant B

(a) Any person who intends to construct a building without permission shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si

Nevertheless, on May 2015, the Defendant constructed a double-story of 144.83 square meters in the floor area using steel structures and wood in the C Building E without obtaining permission from the Goyang City Mayor.

(b) Any person who intends to extend, remodel, or rebuild a building not exceeding 85 square meters in total floor area shall file a prior report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of

Nevertheless, on May 2015, the Defendant without reporting to the Goyang City Mayor, and without permission, constructed a steel structure in the above C building D and a double-story with a floor of 20.9 square meters in floor area using wood.

2. Defendant A Co., Ltd., at each date, time and place specified in paragraph (1), and at each place, B, the representative of the Defendant, committed the same violation as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Aggregate building register;

1. Full certificate of the registered matters;

1. Application of statutes on site photographs;

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

A. Defendant A: Articles 112, 108(1), and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016)

B. Defendant B: Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); the choice of each fine

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants on probation: the enforcement history and the enforcement history of Article 62(1) of the Criminal Act.