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(영문) 의정부지방법원 고양지원 2019.08.23 2019고정451
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 representative director of the defendant B, and the defendant B is a corporation that owns the building C in Gyeyang-gu, Gyeyang-gu.

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, on December 19, 2014, the Defendant extended the area of 131.7 square meters in the above C building D without obtaining permission from the Goyang City Mayor.

2. Defendant B, the Defendant, at the time and place specified in paragraph (1), committed the above violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Sales contract, or certified copy of the register;

1. Application of statutes on site photographs;

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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