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(영문) 대전지방법원 천안지원 2017.09.07 2017고정503

건축법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a building in Seo-gu, Seoan-gu, Seoan-gu C.

1. Where it is intended to change any use of a building, the use of which has been approved without permission, the head of the competent administrative agency shall obtain permission or report as prescribed by Ordinance of the Ministry of Construction and Transportation

On March 31, 2014, the Defendant obtained approval to use a building of a size of 62.90 square meters in Seo-gu, Seo-gu, Incheon Metropolitan City for the use of the plant-related facilities (a stable) for the purpose of operating a bridge with a size of 62.90 square meters.

The Defendant, without obtaining permission from, or reporting by, the head of the competent authority, used the above building from April 22, 2014 to February 1, 2017 for the purpose of detached housing (main purpose).

2. Where any extension, remodeling, or reconstruction of the total floor area of an extension without permission does not exceed 85 square meters, it shall be reported to the head of the competent administrative agency, as prescribed by Ordinance of the Ministry of Construction and Transportation.

Around May 2014, the Defendant, without reporting to the head of the competent authority, reduced the structure of a prefabricated panel structure on a size of 14.01 square meters of floor area without permission to use it as a detached house (main residential purpose) on the vacant lots adjacent to the above building.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of accusation forms, accompanying documents, photographs, and statutes;

1. Relevant Article of the Building Act and Article 110 subparagraph 1 of the same Act, Article 119 (2) 1 of the Building Act (unauthorized Alteration of Use), Article 111 subparagraph 1 of the Building Act, and Article 14 (1) 1 of the Building Act, and the selection of fines, respectively, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the instant crime, including the background leading up to the instant crime, changes of the purpose of use and the scope of extension without permission, the criminal records of the Defendant’s criminal punishment (not including the punishment once every 30 years’ fine) and the Defendant’s age and property status.