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(영문) 대구지방법원 안동지원 2016.03.29 2016고정4
건축법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B A corporation is a corporation established for the purpose of mining development projects, etc., and is a building owner who constructed a Class 2 living facility of the total floor area of 198.25 square meters in Ansan-si, and the defendant A is the representative director of the corporation B.

1. No project owner who has completed the construction of a building may use the building or allow another person to use it unless he has obtained approval for use from the construction permitting authority;

Nevertheless, the Defendant moved 23 employees into the Class 2 neighboring facilities without obtaining the approval of use from Andong-si from August 2015 to November 3, 2015, and used them for the purpose of the office and the employee restaurant.

2. Defendant B, a representative of the Defendant, committed an offense against the Defendant’s business, as described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Written accusation or written public notice for a building report;

1. Photographs;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing all matters registered;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 110 subparag. 2 of the Building Act and Article 22 subparag. 3 (Selection of Penalty) of the same Act;

(b) Defendant B: Article 112(3), Article 110 subparag. 2, and Article 22 subparag. 3 of the Building Act

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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

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