logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.01.18 2018고정552
건축법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A From July 8, 2017, a person who actually operates a corporation located in the Seo-gu Incheon Metropolitan Building D, and the defendant corporation B is a company for real estate development, etc.

No project owner may use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

1. On April 6, 2016, Defendant A entered into a contract with G Co., Ltd. on the lease of a factory building (3rd floor and second class neighborhood living facilities on the general steel structure) owned by Ilyang-gu E and F (the third floor and second class neighborhood living facilities on the general steel structure) and had G Co., Ltd move into the building and use part of the building without obtaining prior approval from the competent authority on June 20, 2016 without obtaining approval from the competent authority.

2. A, the representative of the defendant B's defendant, committed the above violation in relation to the defendant's business at the time set forth in Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes to a written accusation (including attached documents) by the head of the relevant Si/Gun/Gu;

1. Article 112(3), Article 110 subparag. 2, and Article 22(3) of the Building Act; Article 112(3) of the Act; Article 112(3) of the Building Act; Article 110 subparag. 2, and Article 22(3) of the Building Act;

1. Defendants to be suspended from sentence: Fines of two million won each; and

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

1. The Defendants of suspended sentence: (a) the Defendants reflects the Defendants’ erroneous recognition of the error under Article 59(1) of the Criminal Act; (b) the Defendants did not seem to have made a conclusive intent on the violation of the Building Act; and (c) paid the amount equivalent to KRW 4,927,00 for the enforcement fine in relation to the instant case; and (d) endeavoring to file a suit against G Co., Ltd. to resolve the said violation.

arrow