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(영문) 인천지방법원 2014.10.10 2013고정3029

건축법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a used motor vehicle exporter in Yeonsu-gu Incheon Metropolitan City's "D". A person who intends to build a temporary building shall commence construction after reporting to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu in accordance with the retention period, standards and procedures prescribed by Presidential Decree.

Nevertheless, on April 8, 2013, the Defendant, without reporting to the competent authorities, installed one container, which is a temporary building of 18 square meters in total floor area, in Yeonsu-gu Incheon Metropolitan City C in order to use it as an automobile export business office.

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.