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(영문) 대전지방법원 서산지원 2016.02.16 2015고정266

주택법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the occupant of Seosan-si D, 107 Dong 103.

Where occupants, users or management entities of multi-family housing intend to use public housing for any purpose other than that specified in a project plan, they shall obtain permission from the head of a Si/Gun/Gu in accordance with the standards and procedures prescribed by Presidential Decree

Nevertheless, on January 2014, the Defendant extended the front corridor 8.11 square meters in front of the entrance of the above apartment building, which is a common part of the apartment building, to the front room, without obtaining permission from the competent authorities, and installed the entrance, and used the said corridor for purposes other than those under the business plan.

Summary of Evidence

1. The Defendant’s partial statement [ although the Defendant alleged to the effect that the extension of the section for common use to the front room was illegal, it constitutes a mere legal site and cannot be deemed as an error in law (see, e.g., Supreme Court Decision 2010Do15260, Oct. 13, 201)]

1. E statements;

1. Application of Acts and subordinate statutes to photographs of current status;

1. Relevant Article 98 of the Act and Articles 98 subparagraph 6 and 42 (2) 1 of the Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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