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(영문) 인천지방법원 부천지원 2015.11.12 2015고단2192
건축법위반
Text

Defendant

The sentence of sentence against A shall be suspended.

Defendant

The Korean Film Association shall be acquitted. The defendant shall be acquitted.

Reasons

Defendant A (Defendant A) served as the secretary of the Korean Egymnasium and the director of the Korean Egymnasium from May 8, 1978 to October 22, 2012, Defendant A, who had been employed as the director of the Korean Egymnasium B church in Bupyeong-si, Seocheon-si, Seoul, and even though he did not use or allow the use of the building unless he has obtained approval for use, Defendant A obtained permission for extension on November 11, 2005, extended the above worship and used the said worship as a church school, etc. without obtaining approval for use from October 22, 2012.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. E’s statement in a public official position;

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

1. Article 110 subparagraph 2 of the Building Act, Article 22 (3) of the Building Act, the selection of a fine, and the selection of a fine;

1. Defendant A to be suspended of sentence: Fine of 500,000 won;

1. Defendant A at the detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (100,000 won per day);

1. Defendant A of suspended sentence: Article 59(1) of the Criminal Act (the fact that the accused is aware of the facts charged and the accused is against his/her own crime, the fact that the accused is left to post his/her church's officers and staff, etc., and other conditions of sentencing prescribed by Article 51 of the Criminal Act, such as the age, character and conduct, intelligence and environment of the accused, etc.) (the Korean War Veterans Association as the President of Korea);

1. The summary of the facts charged in this part of the facts charged is that "A, a representative, was the owner of the building in its judgment, who committed the above violation in relation to the above defendant's business."

2. The judgment prosecutor brought a public prosecution against the owner of the building by applying Article 112(3) of the Building Act, which is a joint penal provision, to the Culture and Arts Diplomatic Association of the owner of the building.

However, Article 110 subparagraph 2 of the Building Act provides that a project owner or contractor who violates Article 22 (3) of the same Act shall be punished, and Article 112 (3) of the same Act provides that "the representative, agent, employee or other worker of a corporation shall be punished."

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