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(영문) 서울남부지방법원 2014.12.22 2014고단4411
건축법위반등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 3,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant in violation of the Building Act is the actual owner of 7 square meters of a 2-type neighborhood living facility located in Young-gu, Suwon-si, Suwon-si, with a building permit from the Young-gu Office around February 10, 201 and obtained approval for use on February 16, 201.

If the use of a building belonging to a neighborhood living facility group for which approval for use has been obtained is changed to a use corresponding to a residential business facility group, it shall be reported to the competent authority.

Nevertheless, on February 201, 201, the Defendant obtained a building permit for the above building for the purpose of the Gosiwon, but did not report it to the competent authorities. After the approval for use, the Defendant changed the above building to the use of the studio-type general residential facility by installing the luxc, water charging, and electric tea in each guest room of the Gosiwon.

(b) Construction works for any building with a total floor area exceeding 495 square meters in violation of the Framework Act on the Construction Industry shall be executed by a constructor;

Nevertheless, on February 10, 2010, the Defendant: (a) around February 10, 2010, obtained a construction permit from the Young-gu Office in Suwon-si as a construction business registration certificate of the Young-gu Office, Suwon-si, which is arranged by the unsatisfed winners of a building with a total floor area of 985.53 square meters as stated in the foregoing paragraph (a); (b) but, in fact, the Defendant, who is the owner without a construction license, was a building owner

2. Defendant B, at the same time and place as described in the above 1-B, violated the limitation of the work executor’s act as described in the above 1-B, which is the representative director, on the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Examination protocol of Defendant A by the prosecution;

1. Application of Acts and subordinate statutes to a report on intelligence investigation, general building register, current status of buildings, external photographs of buildings, external photographs of buildings, certified transcript of corporate register, or report on commencement of construction

1. Each of the relevant Articles of law concerning criminal facts;

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