beta
(영문) 수원지방법원 2014.04.30 2014고정147

건축법위반

Text

Defendants shall be punished by a fine of KRW 20,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation B located in Heung-gu, Young-gu, Young-gu.

On February 22, 2013, the Defendant acquired Company B from E, and received each parking lot of the 7th floor and 8th floor of the building F of the Yeongdeungpo-gu Seoul Metropolitan Government Fari-gu Fari-gu with the intention of leasing business by changing the purpose of use to the publicly notified telecom.

In order to change the use of a building, it shall be permitted or reported from the competent authority.

Nevertheless, the Defendant changed the use of the F building to the 7th 20 households, the 8th 18 household units, and the 38th 28 household announcement units by installing a boundary wall on the 7th 1,234.84 square meters of F building from February 2013 to July 27, 2013, by installing a boundary wall on the 8th 1,234.84 square meters of F building.

Accordingly, without reporting to the competent authorities, the defendant changed the 7th and the 8th class of the above building, which is a motor vehicle-related facility in urban areas, to the public notice board, which is a Class II neighborhood living facility.

2. Defendant B, a representative director, committed an act of violation as above in relation to the Defendant’s business at the above date and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the accusation, detailed statement of offenses, photographs of construction site, aggregate building register, investigation report (field investigation), field photographs, details of transfer household inspection;

1. Relevant Articles 108 (1) and 19 (Selection of Fines) of the Building Act: Defendant B, a stock company, with respect to facts constituting an offense, and the choice of punishment: Articles 112 (3), 108 (1), and 19 of the Building Act;

1. Defendant A of detention in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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