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(영문) 수원지방법원 2016.09.08 2016고단3728

건축법위반

Text

Defendant

A shall be punished by imprisonment for eight months and by a fine of five million won, and the defendant B shall be punished by a fine of five million won.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of intermediate waste disposal business, etc., and the defendant A was a representative of B corporation.

1. Defendant A

A. On September 2013, the Defendant, including an unauthorized construction, did not obtain a construction permit from a chemical market, extended the building area to a light-scale warehouse of 979.4 square meters in the area of a building outside of an urban area without permission.

In addition, from August 2013 to October 2014, the Defendant did not obtain permission for the chemical market outside the urban area on a total of 11 occasions as shown in the attached Table 1, or constructed or extended a building without reporting it to the Sungsung City Mayor.

B. Around September 2013, the Defendant used without permission to change the purpose of use from a chemical market. Around September 2013, the Defendant changed the use of the retail store, which is a type 1 neighborhood living facility of a building area of 270 square meters, to a warehouse for waste disposal facilities without permission.

In addition, from that time until December 2014, the Defendant changed the purpose of the building without obtaining permission of the fireproof market outside the urban area on three occasions in total, as shown in the attached Table 2 of Crimes List 2.

2. Defendant B, the representative of Defendant B Co., Ltd., committed the act of construction, extension and alteration of use without permission or without permission in connection with the Defendant’s business at the date and place indicated in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning E and F;

1. Notification of a written accusation, the current status of each violated building, field photographs, the general building ledger, and corrective order against any violation of the Building Act;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 110 Subparag. 1 of the former Building Act (amended by Act No. 14016; hereinafter the same shall apply), Articles 111(1), 19(2), 110 Subparag. 3, 20(1), and 83 of the former Building Act (amended by Act No. 14016; hereinafter the same shall apply), and the former Building Act.