beta
(영문) 수원지방법원 2018.06.27 2018고단2300

건축법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A project owner or contractor who intends to construct or repair a building shall obtain permission from the competent authority.

Nevertheless, the Defendant, as an owner of a multi-family house (46.6 square meters in a site area, 205.44 square meters in a building area, 498.7 square meters in a total floor area) with the fourth floor located in Plusung City, which is an urban area (a Class 1 general residential area). Around November 2016, the Defendant repaired the two-story household into three households, the third-story household into four households, and the fourth-story household into four households without obtaining permission from the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as location, photograph, and approval for use of the act;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc.;

1. Comprehensives of the sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is recognized and reflected in the detention of the workhouse, the primary offender, and the scale of the crime;