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(영문) 전주지방법원 군산지원 2015.07.01 2014고정585

건축법위반

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A project owner who intends to change any permitted or reported matter shall obtain permission from the competent permitting authority before such change is made, as prescribed by Presidential Decree.

Nevertheless, on March 2014, the Defendant newly constructed six livestock penss on the Donsan-si C, D, E, E7,747 square meters in order to build six livestock penss in the direction of South and North Korea, and the building placement map was changed in the direction of the Dong, without permission for change, and extended one Dong, the floor area of which is 1,239.15 square meters in the floor area.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Building layout drawings and on-site photographs;

1. An investigation report (G telephone statement hearing, public official’s statement hearing, and submission of data) (the defendant alleged that a certified architect was constructed only in accordance with the response of the certified architect that it would be sufficient to attach the completion drawing, and that he did not intend to construct illegal buildings without obtaining permission for alteration. However, G, an architect, did not answer the content of the defendant’s assertion, and rather, required to obtain permission for alteration from the defendant, but it stated that the defendant was conducting construction before the permission for alteration was granted, and the above assertion that there was no intention to violate the Building Act cannot be accepted).

1. Article 110 of the Building Act applicable to the facts constituting an offense and Articles 110 and 16 of the Act on the Selection of Penalties;

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

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