Text
Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 7,000,000.
Defendant
A above.
Reasons
Criminal facts
Defendant
A is a corporation established for the purpose of distribution business, and the defendant corporation B is a corporation established for the purpose of distribution business.
1. Defendant A
(a) Any person who violates the Building Act shall obtain permission from, or make a report to, the competent authorities on the change of use of a building, the use of which has been approved;
Nevertheless, the Defendant did not obtain permission from the competent authority, from June 1, 2014 to September 1, 2014, and changed the use of the second-story neighborhood living facilities (Technology Research Institute) of the second-class neighborhood living facilities of the second-class 388.37 square meters, and the third-class neighborhood living facilities of the first-class 330.45 square meters in total, and 502.17 square meters in storage as business facilities.
(b) The owner of facilities violating the Parking Lot Act or a person responsible for managing an annexed parking lot shall maintain the original functions of the annexed parking lot so as not to impede the users of the relevant facilities to utilize the annexed parking lot
Nevertheless, from June 1, 2014 to September 1, 2014, the Defendant laid up goods on the first floor of the said building for the purpose of selling 57.5 square meters in an outdoor parking lot installed on the first floor of the said building, and failed to maintain the original function of the attached parking lot without justifiable grounds.
2. The Defendant A, who is an employee of the Defendant, committed each of the offenses as set forth in paragraph (1) in relation to the Defendant’s business.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A written accusation;
1. Application of statutes to field photographs, full certificates of each registered matter, ordinary building ledgers, and copies of business registration certificates;
1. Defendant A: Articles 108(1) and 19(2) of the Building Act, Articles 29(2)2 and 19-4(2) of the Parking Lot Act (which is used for purposes other than attached parking lots), Defendant B: Articles 112(3), 108(1), and 19(2) of the Building Act (which is used for purposes other than attached parking lots), and Articles 31 and 29(2)2 of the Parking Lot Act.