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(영문) 청주지방법원 2017.02.02 2016고정985

건축법위반등

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Building Act is the first floor owner of an aggregate building located in the interest-based Seoul Metropolitan City, Chungcheongnam-gu.

A person who intends to change the use of a building approved for use shall obtain permission from the competent administrative agency.

Nevertheless, on May 31, 2016, the Defendant changed the use of 141.43 square meters for the purpose of business facilities for the structure of steel reinforced concrete structure on the first floor of the above aggregate building without permission from the head of the Heung-gu Office without permission.

2. Any person who intends to display or install advertisements, etc. prescribed by the President among advertisements or billboards violating the Management of Outdoor Advertising Materials, etc. shall obtain permission from the competent administrative agency, as prescribed by Presidential Decree;

Nevertheless, on May 31, 2016, the Defendant installed a protruding-out signboard outside the above aggregate building as "C" in the outside of the above aggregate building without the permission of the head of the public interest center.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Accusation against the violator of the Building Act and outdoor advertising materials;

1. Data on illegal and illegal advertisements and photographs, and the register of aggregate buildings;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of intention of removal), investigation report (verification of matters related to change of use);

1. Relevant Article of the Act on Criminal Facts, Articles 108(1) and 109(2)1 of the Building Act (the purpose of use without permission), the former Management of Outdoor Advertising Materials, etc. (amended by Act No. 13726, Jan. 6, 2016; Act No. 13726, Jul. 7, 2016; hereinafter referred to as “Act on the Management of Outdoor Advertising Materials, etc. and Promotion of Outdoor Advertising Industry”); each of the options of fines, etc.

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

3. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

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