Text
Defendant
A shall be punished by a fine of KRW 10,000,000, and a fine of KRW 5,000,000, each of the Defendant’s incorporated associations.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
B An incorporated association is a corporation established with the aim of contributing to improving the quality of life of persons with disabilities by providing them with jobs for employment, and is the owner of "D building", which is an exclusive parking building located in Busan Seo-gu C, and the defendant A is the representative of the defendant corporation B.
1. The ratio of the portion used as a parking lot in the total floor area of a building exclusively for parking, which is an exclusive parking lot other than a parking lot, to the part used for the purpose other than a parking lot, shall be at least 70%, if it is a Class II neighborhood living facility, and a motor vehicle-related facility
Nevertheless, from December 1, 2017 to May 16, 2018, the Defendant violated the rate of use of parking lots by using only 1,119.79 square meters, which does not amount to 70% of the total floor area of the pertinent D building from around December 1, 2017 to around May 16, 201.
2. The Defendant, a representative of Defendant B, violated the Defendant’s use ratio of parking lots in relation to the Defendant’s business, as described in paragraph (1).
Summary of Evidence
1. Defendants’ respective legal statements
1. E statements;
1. Each general building ledger, current status of buildings, order to improve facilities exclusively for parking, and current status of buildings;
1. Each report on investigation;
1. Application of each statute on photographs;
1. Defendant A who committed a crime: Article 29(2)1 of the Parking Lot Act; Article 29(2)2 of the Act on Parking Lot; Articles 31 and 29(2)1 of the Parking Lot Act;
1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: (a) Defendant A’s spouse for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was previously punished by a fine for the same reason as the owner of the instant building for the same reason; (b) Defendant also received a summary order of KRW 7 million from the Busan District Court on August 16, 2016; and (c) on June 26, 2017, issued a summary order of KRW 10 million for the same reason at the Busan District Court Branch Branch Branch Branch Branch of the Busan District Court for the same reason.
Nevertheless, it is not appropriate.