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(영문) 인천지방법원 부천지원 2017.09.15 2017고단1719
건축법위반
Text

Defendant

C and D Imprisonment for each of 8 months, Defendant A and Defendant B are punished by a fine of 15,00,000 won.

Reasons

Punishment of the crime

Defendant

C is the actual operator of Defendant B corporation, and Defendant D is the actual operator of Defendant A corporation.

Defendant

A Co., Ltd. is the contractor of construction of "G" buildings located in the F in Bupyeong-si in Gyeonggi-do, which is an urban area, and the defendant Co., Ltd. is the owner of the above building.

Defendant

D, unlike the idea of the sale of the above building, as a result, Defendant C, the construction business operator, extended the walls in the above building to divide the space, and offered to sell the building in lots.

1. A person who intends to construct or repair a building for a joint crime committed by Defendant C and Defendant D shall obtain a building permit from the competent authority;

Nevertheless, on October 2015, the Defendants conspiredd to obtain a building permit from the competent authority at the above place and arranged a space by extending the boundary wall in the building, thereby dividing the total of 25 households from the third to the 65 households, and the total of 16 households from the 8th to the 40 households, respectively, by dividing the total of 11 stories into 40 households.

2. Defendant B, who is the Defendant’s actual operator, committed the above violation in relation to the Defendant’s business at the time and place specified in paragraph (1).

3. Defendant A, who is the actual operator of the Defendant, committed the above violation in relation to the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against H and I;

1. An application for permission to change the use of a building, a report on commencement, application for approval for use, and on-site photographs;

1. Application of Acts and subordinate statutes on building management registers, certified copies of registers, and bilateral contracts;

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

(a) Defendant A and B: Articles 112(3), 108(1), and 11(1) of the Building Act (the point of a large-scale repair without permission);

B. Defendant C and D: Articles 108(1) and 11(1) of the Building Act, and Article 30 of the Criminal Act (a large-scale repair without permission).

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