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(영문) 부산지방법원 동부지원 2014.09.22 2014고정806
건축법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a building owner of the five-story building located in Gyeongnam Kim Jong-si B.

No building owner may use or allow another person to use a building unless he has obtained approval for use from the person who has the building permit.

Nevertheless, the Defendant leased 66 square meters from August 29, 201 to C, which is part of the first floor of the above building, without obtaining approval for use from the Kimhae market.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a copy of real estate lease agreement;

1. Article 110 subparagraph 2 of the Building Act and Article 22 (3) of the same Act concerning facts constituting an offense;

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

1. The defendant's assertion on the claim of the defendant under Article 334 (1) of the Criminal Procedure Act is changed to the purport that although the owner of the building of this case is the defendant, the registration of preservation of ownership of the building of this case has been made in the name of D Co., Ltd., and the lease contract with C is concluded by the defendant as the representative director of the above Co., Ltd.

However, Article 22 (3) of the Building Act provides that "the owner of the building of this case shall not use or allow him to use the building unless the approval for use is obtained," and according to the records, since it is obvious that the owner of the building of this case is the defendant, so long as the defendant had had another person use the building of this case before the approval for use of the building of this case, it is reasonable to view that the defendant cannot escape from his criminal liability merely because the registration of preservation of ownership of the building of

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