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(영문) 의정부지방법원 2017.12.14 2017고정1119

건축법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 4, 2015, the Defendant obtained a building permit for detached houses from a household, and obtained on October 22, 2015, on the ground of Gyeonggi-do, which is a Class-I district unit planning zone located within the Jinnan Housing Development Zone, with a total floor area of 290.61 square meters, 290.61 square meters, 22 stories, and 1 household unit planning zone.

Where a district unit planning zone intends to construct a building, alter its use, or install a structure, it shall comply with such district unit planning.

Defendant

The above-owned building is a building in the Class-I district unit planning zone (the Jingu Housing Site Zone), and the district unit planning in the above area is stated as the second floor or lower per parcel, and the facts charged as the "one household" in the facts charged as the "one household," but it is deemed as a clerical error and thus shall be corrected

Despite the permission only for the use of a single house below the level, the defendant changed its use in a manner that increases the first floor, the second floor, and the village to 7 households in total by installing toilets in the apartment house on October 2015, by installing a boundary wall and the entrance door in the apartment house above the level.

Summary of Evidence

1. Each police statement made with respect to D, E, and F;

1. A written investigation of offenses and a report on the results of business trips;

1. An investigation report (verification of the process, etc. of installing electric measuring instruments), a response requesting cooperation in an investigation (amount used before), and a report on an investigation (Attachment of a photograph of on-site business trip);

1. Details of inspection by transfer households and application of Acts and subordinate statutes to the ledger of general buildings;

1. Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act and the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that the district unit plan at the time of southyang of this case is invalid

A. The gist of the assertion is that the instant housing site is located is designated as “Class 1 exclusive residential area” under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).