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(영문) 의정부지방법원 2018.05.31 2018고정654
건축법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B, and the defendant corporation B is a corporation established for the purpose of warehouse leasing business.

1. Defendant A is the owner of the building with 15 square meters in total floor area in Yangju-si and 2,523.2 square meters in storage in Yangju-si.

A project owner shall not use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

Nevertheless, on March 2014, the Defendant leased and used the said 15 building without obtaining approval after completing the construction work on the said 15 building.

2. Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation, a written statement, a written investigation card on construction activities in violation, a written statement of the commencement report, a construction summary map and a cross-section, a leased warehouse photographing photograph, and each investigation report (Submission of suspect data, and attachment of a certified copy of a corporate registry);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 110 subparag. 2 and 22 subparag. 3 of the former Building Act (Amended by Act No. 12701, May 28, 2014; hereinafter the same shall apply)

B. Defendant B: Articles 112, 110 subparag. 2, and 22 subparag. 3 of the former Building 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: (a) examining the reasons for sentencing of Article 334(1) of the Criminal Procedure Act; (b) recognizing the criminal facts of the instant case, the Defendants are against their mistake; and (c) considering some circumstances, such as the fact that the agreement with the landowner related to the change of the name of the owner is not fulfilled, resulting in the instant crime, are recognized as favorable to the Defendant.

However, the crime of this case by the defendants using the building without the approval of use is in light of the contents and methods of the crime.

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