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(영문) 대구지방법원 경주지원 2020.06.10 2019고단759
건축법위반
Text

[Defendant A]

1. The defendant shall be punished by a fine of five million won;

2. When the defendant does not pay the above fine;

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B in the racing-si, and the defendant corporation B is a corporation established for the purpose of gathering rocks, selling aggregate, manufacturing and selling asphalts.

1. A person who intends to erect a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, or any other similar structure prescribed by Presidential Decree, to create a site for defendant A, shall file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, on April 2018, the Defendant, without reporting to the competent authorities, built the asphalt plant structure 272.39m2, which is manufacturing facilities of petrochemicals, on the Amp plant structure in P, P, P, P, P, P, and P, P, P, P

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

Summary of Evidence

1. Defendants’ partial statement

1. Examination protocol of Defendant A by the prosecution;

1. Statement to E by the police;

1. Partial certificate (B), partial certificate of registered matters (F);

1. Investigation reports (Investigation into telephone communications in persons in charge of construction ofG offices);

1. Investigation report (verification on the site of B asphalt in D), on-site photographs;

1. A report on investigation (Submission and attachment of an additional accusation), accusation, written confirmation, on-site photograph, and written report by a person;

1. Application of Acts and subordinate statutes to a corrective order for a non-compliant building, and to a public announcement promoting correction of the non-compliant building;

1. Article 110 subparagraph 3 of the Building Act and Article 83 (Construction of Structures not Reported and Selection of Fines) o Stock Company B: Articles 112 (3) and 110 subparagraph 3 of the Building Act and Article 83 (Construction of Structures not Reported by the Business Owner);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The existing machinery of the Fund, which was established in the claimed racing-si D, shall be the same.

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