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(영문) 대전지방법원 2017.07.27 2017고정807
건축법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00 and by a fine of KRW 2,500,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who actually operates the above company with the audit of Defendant B, and Defendant B is a corporation that owns a kind of neighborhood living facility with the size of 1001 534.3913 m2, 1002 1,004 m2, 164 m2, Seo-gu, Daejeon.

1. On August 9, 2016, Defendant A permitted the head of Seo-gu Daejeon District Office to change the use of the above Class A neighborhood living facilities into sports facilities. Thus, Defendant A used the above building as a bowlinging site without obtaining approval of the use thereof, notwithstanding the fact that he/she could not use the above building or allow another person to use it, on or around November 2016.

2. Defendant B, a Defendant’s employee, used the above building as a bowling site without obtaining permission to change the use of the above building around August 9, 2016, for a building for which change of use was permitted on or around August 9, 2016, as described in paragraph (1).

Summary of Evidence

1. Legal statement of the Defendants

1. A written accusation;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 111 subparag. 1 of the Building Act and Article 22 subparag. 1 of the same Act;

(b) Defendant B: Articles 112(3), 111 subparag. 1, and 22(1) of the Building Act

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;

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