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(영문) 서울남부지방법원 2020.04.08 2019고단6191
건축법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Gangseo-gu Seoul Metropolitan Government Company B, and is the owner of multi-household housing and neighborhood living facilities built on one parcel outside Yeongdeungpo-gu Seoul Metropolitan Government D.

Since May 28, 2019, the owner of the building could not use the building or allow the use of the building without obtaining approval from the owner of the building. However, from around May 28, 2019, the Defendant occupied and used the building to the occupants in the building E, F, G, H, I, J, and K.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed the above offense in relation to the business of the Defendant, who is the representative of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Application of each accusation and approval of use Acts and subordinate statutes;

1. Article 110 subparagraph 2 of the Building Act, and Article 22 (3) of the same Act, comprehensively for a defendant who is selected to impose a fine: Article 112 (3), Article 110 subparagraph 2 of the Building Act, and Article 22 (3) of the same Act, comprehensively for a defendant who is selected to impose a fine:

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

1. Defendants of the provisional payment order: A extenuating circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Two times of a fine due to a violation of the Building Act (a fine of one million won in 2017, and a fine of three million won in 2019): A reflective circumstances;

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