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(영문) 의정부지방법원 고양지원 2019.08.13 2019고정466
건축법위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three million won.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A is a company running an information and communications construction business, and Defendant B is the representative director of the above corporation.

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

Nevertheless, the Defendant, without obtaining permission from the competent authority on February 2015, extended the 147.03 square meters of floor area (D) and 134.07 square meters of 134.07 square meters (E) to the buildings D and E of Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

2. Defendant A and Defendant B, the 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. On-site photographs, aggregate building ledgers, current status of buildings, and full certificates of registered matters;

1. All the registered matters A;

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: 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)

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant B of detention in 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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