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(영문) 인천지방법원 부천지원 2017.09.06 2017고정785
건축법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of Defendant B, and Defendant B is the corporation that manufactures machinery.

1. A project owner who violates the Building Act by the defendant A may not use or allow another person to use the building unless he has obtained approval for use;

Nevertheless, the defendant A used the factory by installing and operating machinery in the factory building constructed by the defendant in the Seocho-si Kim Jong-si on January 2017 without obtaining the approval of the use from the Kimpo market.

2. Defendant B, the representative of Defendant B, in violation of the Building Act, used the factory without obtaining approval from the Kimpo-market as the owner of the building permission right to the Defendant’s business as set forth in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of statutes on current status of buildings;

1. Article 110 subparagraph 2 of the Building Act and Article 22 (3) of the same Act, Defendant A who selects a fine: Articles 112 (3), 110 subparagraph 2 of the Building Act, and Article 22 (3) of the same Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of each criminal case law of the provisional payment order is that Defendant A recognized the Defendants’ mistake and reflects the Defendants’ mistake.

However, even on May 24, 2017, Defendant A was subject to suspension of indictment due to a violation of the Building Act.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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