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(영문) 부산지방법원 2013.06.17 2013고정2176

건축법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Defendant

A is the actual owner and manager of B in Busan Northern-gu, and C is the operator of the building as the operator of the building.

1. Although the Defendant and C obtained permission to occupy and use a facility, building, or structure other than facilities necessary for creating greenbelts or changing the form and quality of land in a green area, the Defendant and C conspired to remove concrete on or around April 5, 2012 for a size of 75.1875 square meters in the buffer green belt located in the front area B of Busan Northern-gu, Busan, without permission to occupy and use the green area in the Busan City market, thereby changing the form and quality of the land without permission, and installing a wood theater and a parking lot.

2. A project owner who constructs a building with a total floor area of at least 1,00 square meters and less than 2,000 square meters shall install landscaping with a site area of at least 10 percent, and the owner or manager of a building shall maintain and manage the building;

As a de facto owner and manager of the foregoing B, the Defendant installed and maintained landscaping with a total floor area of at least 10% of the site area (788.6 square meters) and maintained and managed it, however, around April 5, 2012, removed landscaping facilities equivalent to 79.43 square meters of the site area already installed without permission, and laid down a wood theater on the side of the building and built concrete on the following side of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement of E and F;

1. Answers to design documents, approval for use, and requests for aerial photographys;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 54 subparagraph 2 of the relevant Act and Article 38 (1) 1 and 2 of the Act on the Selection of Urban Parks, Greenbelts, etc., Article 30 of the Criminal Act, Article 110 subparagraph 7 of the Building Act, Articles 35 (1) and 42 (1) of the Building Act concerning criminal facts;

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;