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(영문) 수원지방법원 성남지원 2017.07.19 2017고정307
건축법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

B A Co., Ltd. is a corporation established for the purpose of civil engineering and construction work business located in the Dong-gu, Dong-gu and 502 of Manyang-si and defendant A is the representative director of the above corporation.

1. A person who intends to build a temporary building of a defendant A shall commence the construction after reporting to the competent authority;

Nevertheless, on October 4, 2013, from around August 14, 2013 to August 14, 2014, the Defendant, without filing a report with the competent authority, built steel containers of 14.4 square meters, a temporary building, on the ground that the Defendant did not receive the cost for the removal of the building from Sungnam-si F.

2. A, the representative director of the defendant B Co., Ltd., constructed a temporary building without filing a report with the competent authority on the defendant's business as provided in paragraph 1.

Summary of Evidence

1. The defendant A's partial statement

1. Statement of the police statement related to G;

1. A H statement;

1. Defendant A and his defense counsel asserted that the instant container was constructed for the exercise of the right of retention and that it is unlawful. However, according to the aforementioned evidence duly adopted and investigated by the court, the instant container attempted to use it for various purposes, such as the removal construction at the time of the construction of the container of this case and the rest space, warehouse, office space, etc. of the parts, and it appears that such purpose was concurrently used when exercising the right of retention, in light of the details thereof and the purport of Article 20(3) of the Building Act, it cannot be deemed a justifiable act, and thus, the above assertion cannot be accepted).

1. Defendant A: Articles 111 subparag. 1 and 20(3) of the Building Act on criminal facts: Articles 112(3), 111 subparag. 1 and 20(3) of the Building Act on Defendant B: Articles 112(3), 111 subparag. 1 and 20(3) of the Building Act;

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

1. The order of provisional payment:

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