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(영문) 부산지방법원 동부지원 2017.09.14 2017고단1490

건축법위반

Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

The Defendant is the representative director of the (ju) E, a person in charge of the interest management of the owner of the Busan Shipping Daegu Building (hereinafter “D”), an urban area.

1. Any person who intends to extend a building shall obtain permission from the head of the competent Gu;

Nevertheless, on November 2016, the Defendant, without permission from the head of the Maritime Affairs and Daegu Head of the Gu, laid the columns and beams of 60 square meters at the entrance of the first floor and 144 square meters at the second floor of the building C above, with a light-weight steel structure respectively, installed the closed-end electric light bargaining on that ground, and installed the light-weight structure with a light-weight structure with a light-weight 54 square meters at the 3th floor ceiling 54 square meters, and installed a glass window on that ground, thereby extending the total area of 258 square meters.

2. Any person who intends to change the use of a building shall report it to the head of the competent Gu;

Nevertheless, on November 2016, the Defendant arbitrarily changed the use of the building for the purpose of the retail store, which is a "Class 1 neighborhood living facility" of the first floor of the above C building with permission for use as a "cultural and assembly facilities" around November, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to accusation persons related to the violating building, on-site investigation of the violating building and site photographs, investigation reports (D on-site inspection results), investigation reports (C building drawings), investigation reports (C building drawings), and reports on the change of the purpose of use in this case

1. Relevant legal provisions of the Building Act, Articles 108, 11(1) (unauthorized construction) of the Building Act, Articles 108, 19(2) of the Building Act, and the selection of fines for criminal facts;

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

1. Articles 70 and 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;