건축법위반
Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
Defendant
A is a person who leases and uses a building with a size of 1,075 square meters and a building area of 405.48 square meters in the Gyeongnam-si Kimhae-si owned by B.
On August 24, 2010, the above building is a building approved for the use of Class I neighborhood living facilities (retail stores, offices) of the second floor above ground.
Any person who intends to change the use of a building for which approval has been obtained shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.
Nevertheless, the Defendant, without permission from December 2010 to February 20, 2013, changed the use of part of the first floor of the above building to a factory without permission from Class I neighborhood living facilities (retailing stores).
A person who intends to extend, remodel, or rebuild the total floor area of not more than 85 square meters shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu in advance
Nevertheless, on September 2012, the Defendant, without reporting, extended one container (12 square meters) to 12 square meters without permission.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes to the accusation letter for Kimhae;
1. Relevant legal provisions concerning facts constituting an offense, Articles 108 (1) and 19 (2) 1 of the Building Act (in the event of a change in the purpose of use without a warrant), subparagraphs 1 of Article 111 of the Building Act, and Article 14 (1) 1 of the Building Act (in the event of an extension without a warrant), the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;