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(영문) 수원지방법원 2018.04.05 2018고정334

건축법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a building on the ground outside of land B at the time of tolerance.

1. Any person who fails to comply with a building permit shall obtain permission from the competent permitting authority before revising the building permit;

On December 16, 2016, the Defendant obtained a building permit with the building area of 890.9 square meters, total floor area of 1,723.12 square meters, detached houses, the use of detached houses, the structure of general wood structure, the number of buildings with 17 square meters and the second floor on the ground on the ground outside B, and accordingly, the Defendant newly constructed a building with the building area of 1,099 square meters and the total floor area of 2,573,64 square meters, the total floor area of 2,573,64 square meters, detached houses, structures reinforced concrete, the number of buildings with 19 square meters, and the second or third floor on the ground.

2. A project owner who intends to commence construction works for which a building permit for non-reported construction works has been granted shall report the construction plan to the permitting authority;

Nevertheless, the defendant did not report the commencement of the construction of the building at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of offenses;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the building permit reporting ledger;

1. Article 110 subparagraph 2 of the Building Act and Article 16 (1) of the same Act (the point where permission for the commencement of construction works is not granted) on criminal facts, Article 111 subparagraph 1 of the Building Act, and Article 21 (1) of the same Act (the point where the report on the commencement of construction works is not filed);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Building Act due to failure to obtain more severe permission for change);

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment were considered as follows: (a) the Defendant’s ex post facto permission of change and the report of commencement.