(영문) 제주지방법원 2019.06.13 2018노445 | 리걸엔진

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(영문) 제주지방법원 2019.06.13 2018노445

건축법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is deemed to have entrusted the construction of multi-household housing by I as a constructor who registered the construction business, but the lower court erred by misunderstanding the fact, which affected the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court on the Defendant of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) The lower court rejected the Defendant’s assertion on the assertion of mistake of facts on this part of the Defendant’s assertion on the ground that “The Defendant, in light of the following: (a) considering the circumstance leading up to which the Defendant and the co-owner entrusts the construction of multi-household housing to I; (b) the relationship between the co-owner, including I and the Defendant; (c) the content of the contract made between the Defendant and I; and (d) the method in which the co-owner paid the construction cost to I; and (e) the Defendant did not verify whether the construction business was registered with I before and after the construction work; and (b) the Defendant was aware that dolusia I was not a constructor who registered the construction business.” In light of the records of the instant case, the lower court’s above determination is justifiable; and (b) there was no

[The Defendant’s assertion appears to have asserted that “the Defendant was unaware of the fact that a multi-household house, which is a multi-family housing under the Building Act, should be a constructor who registered the construction business, and thus, did not separately verify whether the construction business was a constructor who registered the construction business.” However, it appears to be merely a mere assertion of the legal site, and it cannot be said that the Defendant did not have any criminal intent solely on the basis of such circumstance.”

The sentencing indicated in the instant case on the assertion of unfair sentencing.

참조조문

-건축법

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