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(영문) 서울중앙지방법원 2014.05.09 2013고정4947

건축법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of the third floor above the ground of the first floor in Gyeonggi-gu D, and where the defendant changes the use of a general restaurant which is a Class II neighborhood living facility to a funeral hall, he/she shall obtain permission from the head of the competent Gun.

Nevertheless, without obtaining permission from the head of the competent Gun on March 1, 201 to April 19, 201, the Defendant leased general restaurants of 1st floor 213.29 square meters from the above building and 174.81 square meters from the second floor of the above building to E to use as a funeral hall, and changed the purpose of use of the building.

Summary of Evidence

1. Statement of witness F in the second protocol of the trial;

1. Statement to E by the police;

1. Current status, photographs, photographs of current status, register of ordinary buildings, and ground plans;

1. Application of Acts and subordinate statutes to a investigation report (F telephone statement from the official in charge of Gyeyang-gun);

1. Article 108 (1) and Article 108 (1) of the Building Act and Articles 108 (1) and 19 of the same Act concerning criminal facts, and the

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;