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(영문) 광주지방법원 2016.07.07 2016고정625
건축법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000 (three million), and in the case of Defendant A, the said fine shall be paid.

Reasons

Punishment of the crime

Defendant

X is the owner of funeral new construction works in Seo-gu AJ and two parcels, and the defendant A is the representative who actually operates the above defendant X corporation.

1. Where a defendant A owner intends to change a building permit, he/she shall obtain permission from the competent authority before such change is made;

Nevertheless, Defendant A had the mind to revise the construction permit without the permission of the competent government office, and from August 10, 2015 to August 27, 2015, Defendant A instructed AK to revise the design matters of the above funeral hall construction without the permission of the competent government office, and to extend the ground number of stories to four stories. Defendant AK constructed the ground number of the above funeral hall by changing it from three stories to four stories (7,790 square meters).

2. Defendant X Co., Ltd., the representative of Defendant X, committed a violation of construction permission by changing the construction permission without obtaining permission from the competent authority on the Defendant’s business at the same time and at the same place as above, and without obtaining permission from the competent authority.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol of suspect interrogation of the police accused or the AK;

1. Application of Acts and subordinate statutes to file an accusation, standing limit, request for ratification, confirmation of an architect's violation, summary of construction, certificate of all registered matters, and notification of subscription to an authorizing or permitting offense;

1. Article 110 subparagraph 2 of the Building Act and Article 16 of the Act on the Punishment, etc. of Specific Crimes: Article 112 (3) of the Building Act;

1. The defendants A, who had been detained in a workhouse, recognized the crimes of this case by Articles 70(1) and 69(2) of the Criminal Act, and the defendants were able to repent in depth.

At the time of the instant change construction, the application for change was already submitted to the government office, and the application for change was actually permitted after the discovery of the instant case.

The details and result of the instant case, the Defendant’s act before and after the commission of the crime, equity in the similar case, etc.

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