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(영문) 수원지방법원 2014.11.19 2014고정2525
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

1. Defendant A, as the de facto representative director of “stock company B” in 402, Kug-gu Seoul Building C. 402, is the person in charge of the said company’s business. A.

Anyone who intends to obtain permission for construction or modify any reported matter, shall obtain permission from or report to the competent authorities.

On April 2013, the Defendant constructed a building by changing an appurtenant building to a multi-story building without obtaining permission from the head of the Gu, which is the competent administrative agency, even though he/she obtained permission to construct an appurtenant building as an appurtenant building on the land located in Yeongdeungpo-gu, Young-gu.

(b) If the project owner wishes to use the building after completing the construction work for the permitted or reported building, he shall file an application for approval of use with the permitting authority; and

Nevertheless, the defendant, without obtaining approval from the head of the Gu who is the permission-granting authority, sold the completed building to use approximately KRW 28 million on June 2014.

2. Defendant B is a corporation established for the purpose of apartment houses, building-a-house implementation business, new house construction business, etc.

The defendant, in fact, has constructed a new building without permission for modification as stated in paragraph (1) concerning the defendant's business at the date, time, place specified in paragraph (1) and used new building.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes to accusation reports, building permit ledgers, reports on illegal construction works, site offenses photographs, photographs of violated buildings, and investigation reports;

1. Article 110 subparagraph 2 of Article 110 of the Building Act, Article 16 (1) of the same Act, Article 110 subparagraph 2 of the same Act, Article 22 (3) of the Building Act, and Article 112 (3) of the same Act, Article 112 (3), Article 110 subparagraph 2 of the same Act, Article 110 subparagraph 2 of the same Act, Article 110 subparagraph 2 of the same Act, Article 16 (1), and Article 22 (3) of the same Act;

1. Defendants among concurrent crimes: the former part of Article 37 of the Criminal Code.

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