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(영문) 인천지방법원 부천지원 2017.12.11 2017고정1111
건축법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B, and the defendant B is a corporation established for the purpose of arranging and storing motor vehicle transportation.

1. From Sep. 2016 to Oct. 10 of the same year, Defendant A, without reporting to the competent Mayor, built a temporary building of a size of 375 square meters using pipe tent to use it as a warehouse in Kimpo-si, and extended an office of a size of 22 square meters of the building area to use it for the purpose of the warehouse in the warehouse.

2. Defendant B Co., Ltd. committed the above violation in relation to the business of the legal entity A, a representative of the legal entity, at the above date, time, and place.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant A;

1. Written statements of D;

1. A written accusation, land register, certificate of land use plan, business registration certificate, and all certificates of registered matters;

1. Application of each statute on photographs;

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

A. Defendant A: Article 111 Subparag. 1 and Article 14(1)1 (a) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereafter the same shall apply) (amended by Act No. 14016, Feb. 4, 2017); Articles 111 Subparag. 1 and 20(3) of the former Building Act (the occupation of a temporary building without filing a report)

(b) Defendant B: Articles 112(3), 111 subparag. 1, and 14(1)1 (a) of the former Building Act; Articles 112(3), 111 subparag. 1, and 20(3) (a) of the former Building Act (a construction of a temporary building without filing a report)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

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

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