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(영문) 수원지방법원 2013.07.24 2013고단2227

건축법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, and a building permit shall be deemed granted if he/she files a report thereon with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, in cases of extension

Nevertheless, the Defendant:

A. A. Around May 2012, the number of households increase (one-story parking lot 1, six-story per household with 2th floor, six-story per household with 336 square meters) by extending the boundary walls between households in a three-story residential unit located in the 336 square meters of a 201-si B without permission;

B. Around May 2012, in part of the one-story structure among multi-household housing without filing a report, a wall was newly installed and a floor area of 64.73 square meters was extended.

2. A person who intends to build or install buildings, golf practice ranges and other facilities which create demand for parking in an urban area, district unit planning zone and control area, shall establish annexed parking lots inside such facilities or on the site thereof;

Nevertheless, around May 2012, the Defendant did not establish a necessary annexed parking lot, even though it increased the number of households like paragraph 1(a) and increased the floor area like paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to detailed statements of offenses, building ledgers, and business trip reports;

1. Article 108 (1), Article 11 (1) of the Building Act (the fact that a large-scale repair has been conducted without permission), Article 111 subparagraph 1 of the Building Act, Article 111 and Article 14 of the Building Act (the fact that a building has been extended without reporting) concerning criminal facts, and Articles 29 (1) 1 and 19 (1) of the Parking Lot Act (the fact that a building installed a facility without installing an annexed parking lot and the choice of a fine);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;