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(영문) 의정부지방법원 2017.12.21 2017고정1078

건축법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 10, 2015, the Defendant obtained a building permit for detached houses of 221.2 square meters, 2 floors above ground, and 1 household on the land in Namyang-si, the Gyeonggi-si district unit planning zone located in B, which is a district unit planning zone, on April 10, 2015, and obtained approval for the use of the building on September 16, 2015.

1. A person who intends to construct or repair a building in an urban area in violation of the Building Act shall obtain permission from the competent authority;

Nevertheless, on October 2015, the Defendant extended the multi-structure of steel reinforced concrete structure for residential purposes by installing toilets in the area of 110.69 square meters on the second floor of the ground in the area of 110.69 square meters on the ground in the above detached house without obtaining permission from the male-do Mayor.

2. Where a person intends to construct a building, alter its use, or install a structure in a district unit planning zone in violation of the National Land Planning and Utilization Act, he/she shall comply with such district unit planning;

Nevertheless, the Defendant changed the purpose of using a building by increasing the number of households of one household that does not conform to the district unit planning set forth in paragraph (1) at the date, time and place of the foregoing paragraph (1) to five households. The gist of the instant facts charged is that “after the Defendant obtained approval for use, the Defendant violated the number of households set forth in the instant district unit planning by installing a boundary wall on the instant housing unit after obtaining the approval for use, etc.,” and the Defendant and the defense counsel made pleadings on the premise that the instant facts charged constitute “the change of use” and the instant facts charged do not infringe the identity of the facts charged, thereby adversely affecting the Defendant’s exercise of his right to defense. Therefore, the correction is made as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Commencement report (illegal construction activities such as the opening of a military register) of investigation, document of national newspaper petition, document of national newspaper petition, document of statement prepared by police against D, E, F, statement of document prepared by the police, G, document of permission for B detached house, statement of permission for B detached house, public notice, etc., investigation report of illegal act, report of result of business trip, and record of transfer household inspection;