Text
Defendants shall be punished by a fine of KRW 2,500,000.
Defendant
A or B fails to pay each of the above fines.
Reasons
Punishment of the crime
1. Defendant A and B’s co-principal conduct (the co-principal conduct) is the owner of a new building located in Guro-gu Seoul Metropolitan Government and two lots, and Defendant B is the representative director of C Co., Ltd. which is a new building contractor of the same building.
On May 18, 2012, the Defendants obtained a construction permit for the said new building from the head of the Gu-ro on July 24, 2012, and obtained a construction permit for the said new building from the head of the Gu on January 21, 2013, with the total floor area of 18,504.69 square meters, 43.08 square meters, 82.34 square meters, and 97.44 square meters, respectively.
【Criminal Facts】
Where the owner desires to modify any construction permit, he shall obtain permission from the permitting authority.
Nevertheless, around February 2014, the Defendants planned to change the use of the said new building from the officetel to the hotel, conspired to extend the part of the rooftop for that purpose, without obtaining permission for alteration, and thereafter extended the 139.29 square meters to the 1st to the 3th floor of the 139.293 square meters, 100.03 square meters, and 84.93 square meters from the 182.373 square meters from the 3rd to the 182.373 square meters in the open space of the 182.373 square meters in the 182.373 square meters in the 182.4 square meters in the 3rd to the 3rd in the 2014.
As a result, the Defendants conspired with the head of the Gu, which is the permitting authority, to extend the total floor area of the rooftop to 4 from 3 to 22.86 square meters, from 722.492 square meters to 506.632 square meters from 729.632 square meters, and accordingly, the total floor area of the rooftop exceeds 1/8 of the building area, thereby increasing the number of floors of the said new building.
2. Defendant B, a representative director, committed a violation as described in paragraph (1) with respect to the Defendant’s business.
Summary of Evidence
1. Each legal statement of the defendant A and B;
1. A written statement;
1. A written accusation;
1. Application of Acts and subordinate statutes to statements of each corporation;
1. Article 110 applicable to the facts constituting an offense and the defendant A and B who choose a sentence: Article 110 subparagraph 2 of the Building Act and Article 16 of the same Act.