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(영문) 의정부지방법원 고양지원 2019.08.13 2019고정355
건축법위반
Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B is a company that is engaged in software development business, etc. in the building C in Gyeyang-gu, Yangyang-gu, Yangyang-gu, and the defendant A is the representative director of the above corporation B.

1. A person who intends to construct or repair a defendant A building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, the Defendant, without obtaining permission from the competent authorities, extended the double-storys equivalent to the floor area of 131.01 square meters in the above C Building D for one month from January to February of 2015.

2. Defendant B, a representative of the Defendant, committed a violation as described in paragraph (1) above in relation to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the C Building D and the aggregate building D of C Building:

1. Investigation report (Attachment to all the registered matters B of the stock company);

1. Contract for sale in lots of C building D;

1. Application of the Acts and subordinate statutes on the written accusation;

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

A. Defendant A: Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); the choice of fines

B. Defendant B: Article 112(3) of the Building Act; Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. The Defendants subject to suspended execution: Article 62(1) of the Criminal Act (in light of the content of the promotional materials to the effect that it is possible to execute a double-story construction, there are some circumstances to consider the circumstances leading to the instant crime, and Defendant A is the first offender)

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