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(영문) 인천지방법원 2014.10.10 2013고정3801
건축법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000 and by a fine of KRW 300,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

[2013 high-level 3188] Defendant A is a person engaged in the sales of used cars under the trade name of “B stock company” in Yeonsu-gu Incheon Metropolitan City D. A construction of a temporary building shall commence after reporting to the Governor of a Special Self-Governing Province or to the head of a Si/Gun/Gu in accordance with the retention period, standards and procedures prescribed by Presidential Decree.

Nevertheless, on April 10, 2013, Defendant A did not report to the Yeonsu-gu Office, which is the competent administrative authority, and installed three containers without permission, which is a temporary building, in Yeonsu-gu, Incheon.

[2013 High-scale 3801] A person who intends to build a temporary building shall start the construction after reporting to the head of the competent authority, but on April 1, 2013, Defendant A installed one container with a size of 18 square meters in size, which is a temporary building for office use, on the Yeonsu-gu Incheon Eable block without reporting to the head of the competent authority. On May 1, 2013, Defendant A installed one container with a size of 27 square meters in size, which is a temporary building for office use, in the Fable block.

[2013 Man-Ma4243] Defendant A is the representative director of Defendant B corporation located in Yeonsu-gu Incheon Metropolitan City G, and Defendant B is a corporation established for the purpose of trade (secondhand export business).

1. A person who intends to build a defendant A temporary building shall report to the head of the competent Si/Gun/Gu;

Nevertheless, on April 3, 2013, Defendant A, without reporting to the competent authorities, constructed a container of 24 square meters of the floor area of the temporary building in order to lease the Hable block to another person as an office.

2. Defendant B Co., Ltd. had Defendant B, the representative director of Defendant B Co., Ltd., committed the same act of violation as the above paragraph 1 in relation to the business of Defendant B Co., Ltd. at the above date and place.

[2013 High Court Decision 4454] Defendant A did not report the construction of a temporary building (container) to the competent authority, and Defendant A did not report it to the competent authority on April 2013.

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