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(영문) 서울남부지방법원 2016.01.27 2015고단5051
도시및주거환경정비법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B A Co., Ltd. is a company aimed at civil engineering work business, construction work business, etc., and Defendant A is the actual representative director of the B Co.

On August 12, 2011, the Defendant drafted a standard contract for private construction works with the following: C reconstruction association that is a project executor, and D and 2 lots of land, the total floor area of 6,896.76 square meters, to construct a complex of three floors underground and five floors above ground; and to prepare a standard contract for private construction works.

When intending to change the details of authorization for the implementation of a project or to suspend or discontinue a rearrangement project, he/she shall submit the relevant documents to the head of the Si/Gun and obtain authorization for the change of the implementation of the project, and he/she shall not construct a complex commercial building in violation of the project implementation plan. However, the Defendant changed the section for common use of the first floor of the complex commercial building on the same week to an exclusive use room without obtaining approval for the change on February 2, 2015, without permission, on the ground that the total floor area of the first floor is increased from 1,101.34 square meters to 1,217.71 square meters from the 1,217.71 square meters from the 1,217.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official’s statement prepared in E;

1. A written accusation;

1. Non-compliant photographs 2;

1. Drawings after modification;

1. Drawings before modification;

1. Change of the internal plane;

1. 2 non-compliant photographs (construction 1, 2);

1. Application of the statutes on standard contract for private construction works;

1. Article 85 of the Act and Article 85 subparagraph 7 of the Act on the Maintenance of Urban Areas and Residential Environments, which are applicable to the facts constituting a crime, and Articles 28 (1) and 28 of the same Act;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which included the scope of unauthorized extension or modified execution in violation of the business implementation plan, was considerably wide, and the restoration to the original state was not yet achieved.

However, in consideration of the fact that the defendant's mistake is recognized and that the defendant has no past criminal punishment, etc., the punishment shall be determined as per the order.

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