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(영문) 인천지방법원 2014.10.10 2013고정4144
건축법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in a used car export business under the trade name of “D” in Yeonsu-gu Incheon Metropolitan City C.

Any person who intends to erect a temporary building with container or similar materials among temporary buildings for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibition, construction work, temporary building, etc. shall report to the head of the Gu.

Nevertheless, on April 5, 2013, the Defendant constructed a temporary building of 24 square meters of container size for the purpose of leasing approximately 250 square meters at the above place for D's office without reporting to the competent authority.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. A written accusation;

1. On-site photographs (the defendant and his defense counsel did not know whether the defendant should report the above container separately to the competent authority, and on the contrary, they were aware that the procedure was completed normally by the lessor of the leased site of this case, and thus there was no intention or illegality. However, according to the evidence duly adopted and examined by the court, it can be acknowledged that the defendant, a lessee, installed the container of this case without permission without permission, even though the lease agreement states that all the matters related to the permission to use the leased site of this case as the vehicle storage are responsible for the lessee, even though the lease agreement states that all the matters related to the permission to use the leased site of this case as the vehicle storage are determined by the competent authority. Accordingly, the defendant and his defense counsel cannot be viewed as having any intention to violate the Building Act or having no awareness

1. Article 111 Subparag. 1 and Article 20 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) on criminal facts.

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