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(영문) 인천지방법원 2018.06.14 2018고정1313
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 person who serves as the chairperson of B.

When it is intended to erect a temporary building, such as construction works or temporary offices, a report shall be filed with the competent administrative agency.

Nevertheless, the Defendant did not report to the competent authority on September 2, 2017, constructed a temporary building such as the above temporary office use (one container office, 14.4 square meters in size) on the street parking lot located in Dong-gu Incheon Metropolitan City, Incheon.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. The written accusation, each photograph, the request for restoration of the original state of a non-compliant building, the request for correction of a violated building, and the application of the statutes governing reporting illegal buildings;

1. In full view of the facts charged, “Article 110 subparag. 3 of the Building Act” under the applicable law as stated in the indictment under Article 111 subparag. 1 of the Building Act regarding criminal facts is apparent that it is a clerical error in the “Article 111 subparag. 1 of the Building Act” (see Article 15 subparag. 8 of the Enforcement Decree of the Building Act), and it does not seem to have any disadvantage to the defendant’s right to defense, and thus, it shall be corrected ex officio.

Article 20 Section 3

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

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

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