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Reasons
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(영문) 청주지방법원 2018.10.18 2018고정442
건축법위반
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Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Defendant A is a co-owner of the “D” collective housing in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun C.

A project owner shall not use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

A. The Defendant, without obtaining approval from the competent authorities, sold the foregoing D 401 units to E on June 2017, and had E move into and use the said D 401 units.

B. The Defendant, without obtaining approval from the competent authorities, sold the foregoing D No. 302 around October 2017 to F and had F move into the said D No. 302 and used by F.

2. Defendant B is the co-owner of the “D” collective housing in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun C.

A project owner shall not use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

A. The Defendant did not obtain the approval of use from the competent authorities, sold the foregoing D 202 units to G around July 2017, and let G move into the said D 202 units.

B. The Defendant, without obtaining approval from the competent authorities, sold No. 404 around November 201, 201 to H, and had H occupy and use the said No. 404.

(c)

The Defendant, without obtaining approval from the competent authorities, sold the above D No. 304 around December 2017 to I, and let I move into the above D No. 304.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. The aggregate building register;

1. Application of the Acts and subordinate statutes on written approval for use of buildings;

1. Defendants of the relevant law on criminal facts: Article 110 Subparag. 2 of the Building Act and Article 22 Subparag. 3 of the same Act, and the selection of fines, respectively.

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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