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(영문) 부산지방법원 2016.04.20 2015고정4734
건축법위반
Text

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

Defendant

A shall be KRW 100,000 if a fine is not paid.

Reasons

Punishment of the crime

Defendant

B is the owner of the Busan Jin-gu C building, and the defendant A is the general manager in the construction field of the defendant B.

1. Where a person who has obtained approval for use intends to change the purpose of use of a building, he/she shall obtain permission from, or make a report to, the competent authority;

Nevertheless, the Defendant, without reporting to the competent authority on July 18, 2013, had D use No. 202 on the ground of the above building, which is the second class neighborhood living facilities group of neighborhood living facilities (offices), which are the second class neighborhood living facilities group of neighborhood living facilities (offices) around July 18, 2013, for residential purposes corresponding to the group of neighborhood living facilities. On January 7, 2014, the Defendant changed the purpose of use by allowing E and F to use the second class neighborhood living facilities (offices) of the above building, which are the second class neighborhood living facilities group of neighborhood living facilities (offices), for residential purposes corresponding to the group of neighborhood living facilities.

2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at a temporary location, such as paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A full certificate of the aggregate building register and registered matters;

1. Details of lease contract, certified copy of each resident registration list, and perusal of moving households;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 108 (1) and Article 19 (2) 2 of the Building Act, Defendant A, who is subject to the option of a fine for a crime, as well as Defendant A: Articles 112 (3), 108 (1), and 19 (2) 2 of the Building Act, respectively;

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

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: Article 334(1) of the Criminal Procedure Act

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