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(영문) 수원지방법원 2014.12.10 2014고정2482
건축법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the agricultural company B(the owner) located in P in Mosung City, and the defendant corporation B(the owner) is a corporation established for the purpose of producing and selling environment-friendly agricultural products.

A person who intends to repair a building shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and a person who intends to construct a temporary building shall file a report thereon with the Special Self-Governing City Mayor

Nevertheless,

1. Around June 2012, Defendant A, without obtaining permission from an administrative agency, has expanded a light fluorial frame of 60.5 square meters in the area D, E, and F, and a 73.5 square meters in the area, respectively, built a temporary building of 28 square meters in the area and 18 square meters in the area without filing a report with the administrative agency.

2. Defendant B Co., Ltd. caused Defendant A, the representative director, to commit the above-mentioned violation.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the accusation, written statement, field photographing statute;

1. Article 110 Subparag. 1, Article 111(1) of the former Building Act (Amended by Act No. 12701, May 28, 2014); Article 111 Subparag. 1, Article 20(2) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); Article 112(4), Article 110 Subparag. 1, Article 111(1), and Article 111(1) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); Article 112(2) of the former Building Act (Amended by Act No. 12701, May 28, 201); Article 110 Subparag. 1, Article 111(1) of the former Building Act (Amended by Act No. 12701, Jan. 24, 2014); Article 12(1(1) of the former Building Act (Amended by Act)

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

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