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(영문) 대전지방법원 천안지원 2014.12.19 2014고정845

건축법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. Violation of the Building Act;

(a) A person who intends to construct or repair buildings shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

Nevertheless, the Defendant commenced on September 5, 201 and obtained approval for use on April 25, 201, from the Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on April 25, 201, without permission for the fourth-story building with the total floor area of 651.66 square meters from the beginning of June 2013, 201.

6. Until the end, up to the end, 5 households with 210.52 square meters of 210 square meters are 7 households, 7 households with 35 stories of the same area are 7 households with 4 stories of the same area, 6 households with 4 stories of the same area, and 6 walls to remove the doors of the school living room, and 14 households with the multi-family houses of 20 households in total, by separately creating toilets, kitchens, and external entrances.

(b) Where any person intends to extend a building with a total floor area of 85 square meters or less, he/she shall file a report with the Governor of a Special Self-Governing Province

Nevertheless, on January 2014, the Defendant extended the total floor area of 33.44 square meters in total by using the assembly-type panel on the first floor of the above multi-family house without filing a report, and by expanding the total floor area of 25.60 square meters in Aluminium and expanding the total floor area of 7.84 square meters in Aluminium.

2. The Defendant in violation of the Parking Lot Act, at the same time and place as the above paragraph (1), should install one parking lot per household in relation to the above multi-gu housing. However, the Defendant did not establish a 6-year annexed parking lot for the six households added by substantial repair in the above method.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to field investigations of violated buildings;

1. Relevant Articles 108(1), 11(1), 111 subparag. 1, and 14 of the Building Act concerning criminal facts, Articles 29(1)1, and 19(1) of the Parking Lot Act, the selection of fines, respectively;

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

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.