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(영문) 수원지방법원 2015.02.13 2014고단4925

건축법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant in violation of the Building Act is the owner of a building [the multiple living facilities (public notice source), total eight floors, and total floor area of 871.48 square meters among Class II neighborhood living facilities within the business facility group] located in Young-gu, Suwon-si, Suwon-si, and the Defendant obtained a building permit from the Young-gu Office on December 24, 2010, and obtained approval for the use on April 14, 2012.

Where a person intends to change the purpose of a Class II neighborhood living facility belonging to a business facility group for which approval for use has been granted into an apartment house belonging to a residential business facility group, he/she shall report it to the competent

Nevertheless, on July 2012, the defendant did not report, and the use of the above building was changed to multi-family housing which has an independent residential form by installing a string, water field, and electric park in the 33th room of the above building.

2. Violation of the Framework Act on the Construction Industry;

(a) Construction works for any building with a total floor area exceeding 495 square meters shall be performed by a constructor;

Nevertheless, on July 6, 2011, the Defendant reported the commencement of construction and directly carried out construction as if the (ju) name light industry, which is the constructor, was constructed, as described in paragraph (1).

Accordingly, the Defendant, in violation of the restriction of the contractor of construction works, executed the above notice.

(b) No person shall contract or execute construction works by using his/her name or trade name or lend his/her construction business registration certificate or construction business registration pocket book to any constructor;

Nevertheless, on July 6, 2011, the Defendant borrowed the trade name and construction registration certificate from the (ju) mining industry, a constructor, as described in the above (Ga). The Defendant reported the commencement of construction as if the (ju) mining industry were to build a public official.

Accordingly, the defendant constructed a building by lending the trade name, etc. of the constructor.

(c) Any person who intends to run a construction business shall register with the competent authority by type of business;