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(영문) 서울중앙지방법원 2013.09.12 2013고단4484

건축법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are co-owners of “F” buildings with one underground floor, ten stories above ground, one story above rooftop, and one story above total floor area of 2,013.5 square meters located in Gangseo-gu Seoul Metropolitan Government E Site, and obtained approval for the use of a building on June 12, 2012.

Any person who intends to change the use of a building for which approval for use has been obtained shall obtain permission from a Special Self-Governing Province Governor or the head of a Si/Gun/Gu or report.

Nevertheless, on September 2012, the Defendants conspired to use the F, “F,” which was approved for use as a neighborhood living facility or educational and research facility, with the use of the lower 1,568.26 square meters from 2 to 10 floors of the “F,” which was approved for use as a lower residential business facility, by changing the use to the lower 1,568.26 square meters.

Summary of Evidence

1. Defendants’ respective legal statements

1. G statements;

1. The ordinary building ledger;

1. Application of statutes on site photographs;

1. Articles 108 (1) and 19 (2) 2 of the Building Act, and Article 30 of the Criminal Act concerning criminal facts;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “the Defendants”) (see, e.g., Supreme Court Decision 200Do1448, Apr. 2, 2007