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(영문) 의정부지방법원 고양지원 2019.08.23 2019고정500
건축법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the owner and the representative director and the defendant B is the corporation established for the above purpose, and the defendant B is the corporation that is engaged in advertising production and agency business as the owner and the owner of the building C in Gyeyang-gu, Gyeyang-gu.

Anyone who intends to build a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun

1. Notwithstanding Defendant A, the Defendant, without obtaining permission from the high-sea Mayor, extended the number of floors equivalent to 138.4 square meters in size to lease the above C building D to the lessee on July 2015, without permission from the high-sea Mayor.

2. Defendant B, a representative of the Defendant, committed a violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a charge book (including site photographs attached thereto, aggregate building ledgers, full certificates of registered matters, etc.);

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

B. Defendant B: Articles 112, 108(1), and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (In light of the circumstances in which the Defendants made and actively advertised the sales promotional materials containing a phrase that the enforcement company and the sales agency are able to execute a double construction, taking into account the circumstances in which the Defendants were able to commit the instant crime)

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