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(영문) 의정부지방법원 2018.10.04 2018고정1173
건축법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation that leases 8 parcels of land outside C in Gyeonggi-do and newly constructed a substitute warehouse on the ground, and the defendant A is a director of the company.

1. Defendant A

A. On June to July, 2015, the Defendant did not file a building report with the competent authority, and extended 78 square meters of the roof facilities with a light-weight steel structure among two existing buildings on the ground above C around the same day.

B. Around June 2015 to July 7, 2015, the Defendant, without filing a report on the construction of a temporary building with the competent authority, constructed seven units of a temporary building with a total area of 143.14 square meters by constructing two units of containers for the use of a temporary office with a size of 27 square meters, one toilet for the structure of a light-scale panel with a size of 13.86 square meters, and two units of temporary storage and containers for the use of a temporary office with a size of 18 square meters, respectively, and one Dong for the temporary warehouse with a size of 32 square meters or less, one Dong for the use of a temporary warehouse with a size of 32 square meters, and one Dong for the 7.14 square meters, respectively

2. The above Gap, the representative of the defendant B's defendant, extended the defendant's business without reporting to the competent authority as described in paragraph 1, and constructed a temporary building.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation and a written statement;

1. The application of the location map and on-site photograph statutes;

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

A. Defendant A: Article 111 subparag. 1 and Article 14 subparag. 1 of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply); Article 111 subparag. 1 and Article 20 subparag. 3 of the former Building Act (amended by Act No. 14016, Feb. 3, 201; hereinafter the same shall apply); each of the options of fines.

B. Defendant B: Articles 112(3), 111 subparag. 1, and 14(1) of the former Building Act (the application of both punishment provisions for extension of a non-reported building); Articles 112(3), 111 subparag. 1, and 20(3) of the former Building Act (the application of both punishment provisions for construction of a non-reported temporary building); each of the options of fines

1. Defendants who aggravated concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Code.

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