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(영문) 창원지방법원 통영지원 2014.02.20 2013고정663
건축법위반
Text

Defendants shall be punished by a fine of KRW 700,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

The corporation B is a corporation established for the purpose of the aggregate transport business, and the defendant A is a general manager of the corporation B;

1. Defendant A, without filing a report on construction of a temporary building on December 2, 2010, constructed a container for office use (three meters in width and 12 meters in length) at the D wharf located in C at the macro-si on December 2010;

2. Defendant B, an employee, did not report the construction of a temporary building as set forth in paragraph (1) with respect to his duties and built one container for the office use.

Summary of Evidence

1. Defendants’ respective legal statements

1. A reply to a report on investigation (interpellation of whether a report on a temporary structure is filed) and a request for cooperation in investigation affairs;

1. Full certificate of registered matters, and business registration certificate;

1. Application of the Building Act and subordinate statutes to field photographs;

1. Defendant A: Articles 111 subparag. 1 and 20(2) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014; hereinafter the same) on criminal facts: Articles 112(3), 111 subparag. 1 and 20(2) of the former Building Act

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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