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Defendants shall be punished by a fine of KRW 10 million.
Defendant
A or B fails to pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is the owner of a building located in the Ocheon-gu F, Ocheon-gu, and Defendant B is the construction executor of the above building, and Defendant C is the representative director of C, and Defendant C is the corporation established for the purpose of construction business.
1. Joint criminal conduct by Defendant A and Defendant B
A. On September 18, 2014, the Defendants obtained a permit to construct a neighborhood living facility and an urban-type residential house with five stories above the building area of 563.58 square meters and a total floor area of 1,422.63 square meters and five stories above the building area of 563.58 square meters, and obtained a permit to use the said building around March 23, 2015.
If a project owner intends to change any permitted or reported matter, he/she shall report such change to the competent permitting authority.
Nevertheless, the Defendants conspired to construct the building area of 597.38 square meters and the total floor area of 1,874.31 square meters for the building without obtaining permission for change on September 18, 2014.
B. A building may not be constructed in violation of the ratio of the building area to the site area (hereinafter “building-to-land ratio”, and the building-to-land ratio to Class II general residential areas shall not exceed 60%).
Nevertheless, around September 18, 2014, the Defendants conspired to construct the building area at 597.38 square meters and 60.83 percent of the building-to-land ratio, thereby violating the restriction on the building-to-land ratio.
(c) The height of a building erected within an exclusive residential area or a general residential area shall be at least 1/2 of the height of each part of the building from the borderline of the adjoining site in due north, in order to secure sunlight, etc.
Nevertheless, the Defendants conspired on September 18, 2014, constructed the height of the building at 14.5 meters, and constructed at a distance of 4.432 meters from the borderline of the adjacent site at a distance of 4.432 meters, thereby violating the restriction on height.
2. The Defendant C Co., Ltd. is the Defendant’s representative director at the time and place in paragraph (1).