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(영문) 의정부지방법원 고양지원 2019.08.23 2019고정507
건축법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of manufacturing and supplying automatic control facilities, such as power distribution team and control team, and is the owner of building C in Gyeyang-gu, Gyeyang-gu.

1. A person who intends to build a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu

Nevertheless, on April 2015, the Defendant, without obtaining permission from the Goyang City Mayor, extended the floor of the building equivalent to 119.3 square meters of the area by using light steel and wood in the above C building D around the end of April.

2. The Defendant B, a representative director of the Defendant, committed the same offense as the Defendant’s business set forth in paragraph (1) at the date and place mentioned in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Register of aggregate buildings;

1. Aggregate building register;

1. Sales contract (D) ;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); the choice of fines

B. Defendant B: Articles 112, 108(1), and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (In light of the circumstances in which the Defendants made and actively advertised the sales promotional materials containing a phrase that the enforcement company and the sales agency are able to execute a double construction, taking into account the circumstances in which the Defendants were able to commit the instant crime)

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