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(영문) 대구지방법원 포항지원 2017.03.29 2016고정566

건축법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Where any person extends, remodels, or reconstructs a building the total floor area of which does not exceed 85 square meters, he/she shall report to the head of a Si/Gun/Gu in advance as prescribed by Ordinance of the Ministry of Land, Infrastructure

Nevertheless, the Defendant extended the area of 69.06 square meters for light-scale steel-frames without filing a report with the competent authority in Nam-gu, Nam-gu, Seoul, on April 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the original restoration of a building without permission);

1. Subparagraph 1 of Article 111 of the Building Act and Article 14 (1) 1 of the same Act concerning facts constituting a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;