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(영문) 서울북부지방법원 2017.01.19 2016고정619
건축법위반
Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a construction work of apartment on the 7th floor above the ground level of Seoul Jung-gu E and 2 parcels above, and Defendant B is the representative director of the Co., Ltd.

1. Where a contractor intends to change any construction permit that he/she has received, he/she shall obtain permission from the permitting authority or report to the Special Self-Governing City Mayor, the Special Self-Governing Province or the head of a Si/Gun/Gu

Nevertheless, on October 5, 2015, the Defendant constructed the above apartment building with any content different from the content of the design that was permitted by the Jung-gu Office on September 5, 2014 without obtaining permission from the competent authority, and constructed a pole, wall, and beams with a total floor area changed from 1,724.62 square meters to 1,735.84 square meters.

2. Defendant A Co., Ltd. committed the Defendant’s act in violation of the foregoing paragraph (1) at the date, time, and place of the foregoing paragraph (1).

Summary of Evidence

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. A written statement of accusation officials and a written statement of accusation officials;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning the initial permission (design drawings), a copy of the modified contents, a design drawings submitted by an architectH, and the modified design drawings;

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

(a) Defendant A: Articles 112(3), 110 subparag. 2, and 16(1) of the Building Act;

(b) Defendant B: Article 110 Subparag. 2 and Article 16 Subparag. 1 (Selection of Penalty)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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