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(영문) 의정부지방법원 고양지원 2019.08.13 2019고정430
건축법위반
Text

Defendant

A A shall be punished by a fine of 500,000 won, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B above.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of

Provided, That in cases of a building with at least three floors, if the total floor area of the part to be extended does not exceed 1/10 of the total floor area of the building and does not exceed 85 square meters, a building permit shall be deemed to have been granted if a report, such as

1. Defendant B

A. On February 2, 2015, the Defendant extended the amount equivalent to 137.79 square meters of steel and steel, without obtaining permission from the competent authority, in the Gyeyang-gu C Building D, Gyeyang-gu, Gyeyang-gu, Seoul, and the Defendant extended the said amount into a double-story.

B. Around February 2015, the Defendant, without reporting to the competent authority under the above C Building E, extended the amount equivalent to 68.73 square meters of steel and steel as a double-story.

2. The Defendant Company A and the Defendant, the representative of the Defendant, committed each of the offenses described in paragraph (1), such as the date, time, place, and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes to the accusation site, field photographs, respective building ledgers, and respective building conditions;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant B: Article 108(1) and Article 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Article 111 Subparag. 1 and Article 14(1)1 of the Building Act (amended by Act No. 13785, Jan. 19, 201);

(b) Defendant A: Article 112(3) of the Building Act; Article 108(1) and Article 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Article 112(3), Article 111 subparag. 1, and Article 14(1)1 of the Building Act (unauthorized reporting)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant B of detention 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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