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(영문) 의정부지방법원 고양지원 2019.08.22 2019고정417
건축법위반
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of two million won.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A is a company engaged in manufacturing business, etc., and is the owner of Gyeyang-gu Seoul Metropolitan Government Category D and E, and Defendant B is the director of the division 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

Provided, That where the total floor area is extended, reconstructed, or reconstructed within 85 square meters, a building permit shall be deemed granted to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, the Defendant, on January 2015, without obtaining permission from the competent authorities or filing any particular report with the competent authorities, extended the dunes of 69.6 square meters of floor area in the above C Building D without permission from the competent authorities, and extended the dunes of 122.07 square meters of floor area in the above C Building E on the same temporary basis.

2. Defendant A and Defendant B, an employee of the Defendant, committed each of the offenses 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, ledgers of each building, current status maps of each building, and full certificates of each registered matter;

1. Business registration certificate;

1. Application of statutes, such as a contract for sale in lots;

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); Article 112(3) of the Building Act; Article 111 subparag. 1 and 14(1)1 of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016);

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

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