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(영문) 의정부지방법원 고양지원 2019.10.16 2019고정668
건축법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a representative who operates Defendant B in accordance with subparagraph 4 and subparagraph 5 of the Goyangyang-gu Seoul Metropolitan City C building.

1. A person 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/Gu

Nevertheless, the Defendant, without obtaining permission for a high-sea market, constructed the above C Building D and E on a double-story for about one-month period from May 2015, and extended the construction of the above C Building D and E on a dunes to 360.36 square meters without permission.

2. Defendant B, a representative director 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. A written accusation;

1. Full certificate of the registered matters;

1. Contract for sale of C building;

1. Application of statutes on site photographs;

1. Article applicable to criminal facts;

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

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

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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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