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(영문) 인천지방법원 부천지원 2019.03.29 2018고정752

건축법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Any person who intends to change the use of a building for which approval for use has been obtained shall obtain permission from or report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as classified below, and in order to change a neighborhood living

Nevertheless, even though the use of the above business site 802 was registered as a neighborhood living facility, the Defendant had operated the above business by arbitrarily doing construction of the call architecture around September 2009 and by May 2018, without changing the use of the said lake as a neighborhood living facility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A business trip report, review matters related to the use of the building, corrective guidance of the violated building, and related photographs;

1. Application of Acts and subordinate statutes to aggregate building register;

1. Article 108 (1) and Article 19 (2) of the Building Act, Article 108 (1) and Article 19 (2) of the same Act, including applicable law to facts constituting an offense

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant's assertion that the defendant's defense counsel and the defendant's defense counsel did not include dance halls among amusement facilities stipulated in the Enforcement Decree of the Building Act, such as the defendant's failure to sell food mainly to alcoholic beverages, etc., and that the defendant's call text was made under the administrative guidance of the father and the seeer, which is the competent administrative agency at the time of business registration.

2. Article 2 (2) of the Building Act, such as the definition of related Acts and subordinate statutes and terms, shall be classified into 28 types of buildings, such as subparagraph 1, Class II neighborhood living facilities, sports facilities, amusement facilities, etc., and the types of buildings belonging to each usage shall be prescribed by Presidential Decree. Article 3-4 of the Enforcement Decree of the Building Act shall be [Attachment Table 1] subparagraph 16 (f