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(영문) 창원지방법원 2016.04.06 2016고정120

건축법위반등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 28, 2012, the Defendant was the owner of the building located in Kimhae-si B, and was approved to use the above building as a multi-family house with the total of 4 households with the third floor above the ground.

1. From around December 2012 to April 2013, the Defendant violated the Building Act: (a) without obtaining permission from the Kimhae market; (b) 2nd to 4 households of the said building; (c) 3rd to 4 households; and (d) extended the number of households from 2 households to 4 households; and (d) 1st to 4th to 4 households of the said building.

2. Since the Defendant violated the Parking Lot Act increased from 4 households to 9 households as above at the date and place specified in paragraph 1, the Defendant did not install a parking lot attached to 3-years.

3. The Defendant violated the National Land Planning and Utilization Act, at the time and place specified in paragraph 1, constructed a building that does not conform to the said district unit plan by increasing the number of households, even though the total number of households per parcel of housing for lease does not exceed 4 households and the height of the building does not exceed 3 floors.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, a report on investigation (including a statement by telephone, etc. of a public official in charge of accusation), and a report on investigation (Calculation

1. Article 108(1), Article 11(1) of the former Building Act (amended by Act No. 12701, May 28, 2014); Article 29(1)1, Article 19(1), and Article 19(3) of the former Parking Lot Act (amended by Act No. 1348, Aug. 11, 2015); Article 141 subparag. 3, and Article 54 of the National Land Planning and Utilization Act (amended by Act No. 1348, May 28, 2014);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for a crime of violating the Building Act, the nature of which is the largest;

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