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(영문) 창원지방법원 2018.04.18 2017고정1006
건축법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who operates a stock company B established for the purpose of manufacturing metal surface treatment business, etc.

B, around August 1, 2014, is a building owner who obtained a building permit from the head of the U.S. office in Kimhae-si and the head of the office of the branch office in Kimhae-si for three Dong factories of the total floor area of 4,780.74 square meters in one parcel, and obtained a permit to change the matters of the building permit on December 8, 2014.

A project owner shall not use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

Nevertheless, the Defendant newly constructed the above factory building from August 29, 2014 to early 2015, and used the above factory building from February 2017 to early 2017 as a factory without obtaining approval from the competent authorities.

2. Defendant B is a corporation established for the purpose of manufacturing metal surface treatment business.

The defendant, at the time and place specified in paragraph (1), committed the above violation against A, who is the representative director of the defendant, in relation to the defendant's business.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation and a written statement;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (Attachment of documents omitting a written accusation);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 110 Subparag. 2 of the Building Act and Article 22 Subparag. 3 of the same Act;

(b) Defendant B: Articles 112(3), 110 subparag. 2, and 22 subparag. 3 of the Building Act

1. Selection of each alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is to be determined in full view of various sentencing conditions, including the purpose and size of the building of this case, the background of the crime of this case, the circumstances after the crime, and the age and sexual conduct of Defendant A.

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