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(영문) 울산지방법원 2019.07.11 2019고단1201

건축법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual accommodation facility called “E” in Ulsan-gun B, C, and D.

1. A person who intends to build or repair a building without permission shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu

Nevertheless, from March to April 2018, the Defendant constructed 34 buildings in total without obtaining permission from the competent authority, as described in the attached list of crimes, at the same time and at the same place, including the construction of 65.25 square meters of brine (1st floor) without obtaining permission from the competent authority.

2. Any person who intends to change the use of a building, the use of which has been approved, to a sub-subsidiary shall file a report with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, around August 2017, the Defendant used the first floor of the building that was approved for use as neighborhood living facilities (retailing stores) in Ulsan-gun, Ulsan-gun, without reporting it to the competent authority, and changed the use of the building as a subordinate military service facility group (self-house).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to land use plan);

1. Articles 108 (1), 11 (1), and 19 (1) of the Building Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have the same criminal records as the defendant, and the punishment is divided after the crime is committed, and all illegal buildings are removed or cultivated, and records such as the age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime are committed.