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(영문) 서울중앙지방법원 2013.05.01 2013고정775
건축법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a building owner who has constructed 15-story multi-family apartment units with 122 square meters in Gangseo-gu Seoul Metropolitan Government and 6 m2,17 m2, and Defendant B is a person who actually represents the above company.

No project owner may use or allow another person to use a building unless he has obtained approval for use from the building permit-granting agency.

1. Nevertheless, Defendant B, as the actual representative of A Co., Ltd., the owner, was the owner, and Defendant B did not obtain the approval of the competent authority for the use of the said main apartment building, but did not obtain the approval of the use of the said apartment building, around September 2012, 101 and 1408, occupied the said apartment building in advance and used the said building.

2. Defendant A Co., Ltd. was unable to prevent the Defendant A from being negligent in exercising due care and supervision over the Defendant’s business as above, which is the actual representative of the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes on the written accusation;

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

A. Defendant B: Article 110 Subparag. 2 and Article 22(3) of the Building Act; selection of fines

B. Defendant A corporation: Articles 112(3), 110 subparag. 2, and 22(3) of the Building Act; selection of fines

1. Defendant B of detention in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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