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(영문) 의정부지방법원 고양지원 2019.08.22 2019고정412
건축법위반
Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A is a company that operates food manufacturing and sales business, and is the owner of Gyeyang-gu Seoul Building D, Gyeyang-gu, and the defendant B is the internal director who is the representative of the corporation A.

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

Nevertheless, the Defendant, without obtaining permission from the competent authorities, extended the 137.47 square meters of floor area without permission through construction for about one month around June, 2015.

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 (D), aggregate building ledgers (D), and full certificates of registered matters (D);

1. Business registration certificate (A), all of the registered matters (A).

1. Sales contract (D) ;

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. 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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