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(영문) 서울북부지방법원 2013.06.19 2013고단784
건축법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of a factory building D or E on the ground in Seoul Jung-gu.

The project owner of "2013 Highest 784" shall be prohibited from using or allowing to use a building unless he/she obtains approval for use.

Nevertheless, on September 201, the Defendant leased and used the above building without obtaining approval for use from the Korea Transportation Corporation.

When a project owner intends to change any of the matters permitted for construction, he/she shall obtain permission or file a report.

The Defendant obtained a building permit for the main purpose of the foregoing building as “factory (non-metallic mineral crushing business)”, but changed the permitted matters by allowing the Korea Transportation Corporation to lease and use the building to a collection and delivery facility without obtaining permission for the change or filing a report on the change.

Summary of Evidence

1. Defendant's legal statement;

1. Each accusation;

1. Application of lease contract Acts and subordinate statutes;

1. Article 110 subparagraph 2 of the Building Act and Article 22 (3) of the same Act concerning facts constituting an offense, and Article 110 subparagraph 2 of the same Act and Articles 110 subparagraph 2 and 16 of the Building Act;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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