beta
(영문) 대전지방법원 2012.11.08 2012고단2035

건축법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

A person who intends to change the use of a building for which approval for use has been obtained from a neighborhood living facility group to a residential business facility group shall report to the competent authority, and the defendant did not report to the competent authority, and around March 2010, the defendant divided the use of a 1st floor store and 2,3th floor office (293.06m2 in total area) of the building located in Daejeon-gu, Daejeon into a studio or studio for the purpose of lease by converting the use of a studio or studio into a studio and studio, and changed the use into a house.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the head of the Gu in Daejeon Metropolitan City;

1. Relevant Article 108 (1) and Article 19 (2) 2 of the Building Act concerning facts constituting an offense and the selection of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is the owner of reinforced concrete of 3 stories above ground located in Daejeon Jung-gu, Daejeon-gu, the total floor area of 247.37 square meters, and the building with a fireproof brick. On March 3, 2011, the Defendant, without reporting to the competent authority, built a double floor of the building located in Daejeon Jung-gu, Daejeon-gu, and the building with a view to residing in a warehouse (a total area of 119 square meters) and changed the purpose of use into a house.

2. It is doubtful that the Defendant’s assertion that, through the judgment of a licensed real estate agent, the purchase of the three-story buildings on the ground C in Daejeon (hereinafter “instant building”) began to be used for housing around March 201 while gathering the use of the instant building recorded in the building ledger or the real estate registration book of the instant building.

However, the following circumstances recognized by records (property tax notice, fact-finding results to the Jung-gu Office in Daejeon Metropolitan City, the defendant's statement, etc.), i.e., ① at the time when the defendant purchased the building of this case around September 2010, the second floor was already used for residential purposes, and the defendant was located therein.