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(영문) 창원지방법원 통영지원 2018.07.06 2017고정230
주택법위반등
Text

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

Defendant

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

Reasons

Punishment of the crime

C Housing Association is a partnership established for the purpose of constructing housing with 1,030 units of apartment housing (hereinafter “E Housing Corporation”) in the D D unit of 14 units of apartment housing at the same time, and Defendant B is a contractor of housing construction under the Housing Act as a registered business entity of housing construction under the Housing Act, and C housing association and Defendant B is a joint project owner of “E Housing Corporation”.

F is the president of the C Housing Association, and Defendant A is the vice president of the Defendant B Company, and is the field manager of the E Housing Corporation.

1. Defendant A housing construction project operator shall take appropriate measures to prevent the collapse of the ground, soil erosion, etc. in connection with the creation of a housing site;

F and Defendant A have collapsed approximately 17m of retaining wall No. 45 in order to prevent additional ground collapse and soil and sand outflow resulting therefrom during the Do referred to as “E Housing Corporation” on December 8, 2015, due to the increase of underwater pressure and soil pressure due to the inflow of excellent water around December 8, 2015, and had taken necessary measures, such as covering the surface exposed to the collapse by means of waterproof ex officio before the reinforcement works are carried out, or installing drainages around it.

Although such measures have not been taken, the level of 50 meters around the retaining wall was additionally collapsed due to the fall in the field strength due to continuous inflows around April 30, 2016, and the earth and sand was washed out accordingly.

As a result, Defendant A violated the housing construction standards for the business of B corporation as an actor.

2. A, an employee of Defendant B Co., Ltd., committed the above violation.

Summary of Evidence

1. Each police station and each prosecutor's office examination protocol against Defendant A;

1. Each statement of the witness G, F, H and I in the second public trial records;

1. Statement made by the witness J and K in the third public trial records;

1. Statement made by a witness in the fourth public trial protocol;

1. Each of 45 units;

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