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(영문) 수원지방법원 2015.05.21 2015고정756

건축법위반

Text

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

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

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Suwon District Court, and two years of suspended execution, which became final and conclusive on November 6, 2012.

A person who intends to build or repair a building in an urban area shall obtain permission from the competent authority. However, on May 23, 2012, the Defendant constructed a 200 square meter per 200 square meters of play facilities for infants, which are Class 2 green living facilities, without obtaining permission from the competent authority, in a residential area, Yongsan-si District B, an urban area.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A land use certificate;

1. On-site photographs;

1. Previous record: Application of Acts and subordinate statutes to the accused's legal statement, criminal record inquiry;

1. Article 108 (1) of the Building Act and Articles 108 (1) and 11 (1) of the same Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. To reduce part of the fines determined by the summary order in consideration of the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, and the same offense as the judgment became final and conclusive at the same time as the judgment was rendered.