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(영문) 수원지방법원 2017.10.19 2017고정1515

건축법위반등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a multi-household owner with a total floor area of 460.07 square meters located in E in the name of his/her spouse D and joint name.

1. Where a person who intends to construct or repair a building in violation of the Building Act or a person who intends to expand a multi-household house with at least three floors and the total floor area of the building is at least 1/10 of the total floor area, he/she shall obtain permission from the competent administrative agency;

Nevertheless, from the end of November 2015 to the beginning of January 2016, the Defendant opened the door door of the warehouse of five stories of the foregoing multi-family housing for about 45 days (the total floor area of 97 square meters) from the end of the same year, and installed a toilet, kitchen, boiler, and a room 1 square inside a separate entrance and a separate door inside the outer wall.

2. A person who intends to construct or install multi-household housing in an urban area under the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facilities or on the site thereof.

Nevertheless, even though the Defendant installed a separate entrance and toilets, kitchens, boilers, etc. on the falls of the five-storys of multi-households, as set forth in paragraph (a), and extended the said multi-households to the fallings of one household, the gist of the evidence was not added to the parking lot attached to the said multi-households (5 existing parking lot).

1. Statement by the defendant in court;

1. Duplicate of the police statement made to the F;

1. General building ledgers and ground plans (E);

1. Photographs of the current status of the violated building;

1. Application of Acts and subordinate statutes to a report on internal investigation (with respect to municipal ordinances on the installation and management of parking lots annexed to harmony);

1. Relevant legal provisions and Articles 108(1) and 11(1) (unauthorized construction) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Articles 29(1)1 and 19(1) (unauthorized installation of an attached parking lot) of the Parking Lot Act; and the selection of fines, respectively, for criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.