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(영문) 대구지방법원 경주지원 2016.04.27 2016고정33
건축법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative director of Company B located in Samsung-si. Defendant A is the actual owner of a building with the second floor above the ground located in Samsung-si and a building with the total floor area of 390 square meters in general steel structure.

No project owner may use or allow anyone to use a building unless he/she has obtained approval for use.

Nevertheless, on September 15, 2015, the Defendant moved into the above building without obtaining approval for the use of the building and used the building as a factory.

2. Defendant B’s representative director, the Defendant Company B, committed the above act of violation at the above date, time, and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the accusation, investigation report (attached to the applicable legal provisions), investigation report (hereinafter “project owner’s review”) statute

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 110 subparag. 2 of the Building Act and Article 22 subparag. 3 (Selection of Penalty) of the Building Act;

B. Defendant B Co., Ltd.: Articles 112(3), 110 subparag. 2, and 22(3) of the Building Act (Article 112 subparag. 3) (Article 112 subparag. 2, and Article 22 subparag. 3) of the same Act (Article 112 subparag. 3, Article 110 subparag. 2, and Article 22 subparag. 3 of the same Act (Article 112 subparag. 1 of the same Act

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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