beta
(영문) 수원지방법원 안양지원 2013.06.21 2013고단553

건축법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the actual owner of a 356.88 square meters and a 3-story building on the ground located in Osan-si, which is an urban area, newly constructed the above building, and obtained approval from the competent authority for use on August 3, 2012, for multi-family houses with three households, including one household on the ground, one household on the second floor, one household on the third floor, and one household on the third floor.

1. A person who intends to construct or repair a building in an urban area that violates the Building Act shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, on January 2013, the Defendant, by means of newly installing the entrance door and the inner wall at the above place, remodeled the apartment house on the ground of the above building into the house of 4 households, and the apartment house on the ground 2 and 3 floors into the house of 5 households, respectively, and repaired the apartment house on the ground 1, 2, and 3 floors into the house of 14 households in which 14 households can reside without permission of the competent authorities.

2. A person who intends to build a building in an urban area violating the Parking Lot Act shall establish an annexed parking lot;

The Defendant did not establish an attached parking lot according to the fact that 11 households of the building was additionally constructed at the same time and at the same place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to the accusation site, field photographs, cadastral map, and general building ledger;

1. Article 108 (1), Article 11 (1) of the Building Act (unauthorized Substantial Repair, Selection of Fines) on criminal facts, Articles 29 (1) 1, and 19 (1) of the Parking Lot Act (the point of non-establishment of parking lots and the selection of fines);

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;