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(영문) 의정부지방법원 고양지원 2019.08.23 2019고정504
건축법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation that owns the C Building D and E at the time of Goyangyang.

1. A person who intends to build a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu

Nevertheless, on January 2015 to February 2, 2015, the Defendant, without obtaining permission from the Goyang City Mayor, extended a total of 216.74 square meters by performing the 133.53 square meters in the above C Building D, and a total of 216.74 square meters in the above C Building E by performing the 83.21 square meters in steel and steel.

2. Defendant B, a representative director of the Defendant, committed a violation in the manner described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Each aggregate building register, and all certificates of 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: Each of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Articles 108(1) and 11(1) of the former Building Act; the choice of each fine

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

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 A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (In light of the circumstances in which the Defendants made and actively advertised the sales promotional materials containing a phrase that the enforcement company and the sales agency are able to execute a double construction, taking into account the circumstances in which the Defendants were able to commit the instant crime)

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