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(영문) 의정부지방법원 고양지원 2019.08.13 2019고정465
건축법위반
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company that conducts manufacturing and selling business, such as direction tasks, etc. from the building C in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul, and the defendant A is the representative director of the corporation B.

1. A person who intends to construct or substantially repair a defendant A building shall obtain permission from the Special Self-Governing City Mayor or the head of Si/Gun

Nevertheless, on March 2, 2015, the Defendant, without obtaining permission from the competent authorities, extended the number of floors equivalent to 87.8 square meters in the above C Building D without permission from the competent authorities.

2. The Defendant Company B, a representative of the Defendant, committed a violation as described in paragraph (1) above with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of a field photograph, aggregate building register, building status map, and aggregate building register;

1. A certified copy of the register;

1. Sales contract;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); the choice of fines

B. Defendant B: Article 112(3) of the Building Act; Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016)

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

1. The Defendants subject to suspended execution: Article 62(1) of the Criminal Act (in light of the content of the promotional materials for sale to the effect that it is possible to execute a double-story construction, considering that there are some circumstances to consider the circumstances leading to the instant crime)

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