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(영문) 대전지방법원 2015.07.08 2015고정478

건축법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

The Defendant is the owner of a multi-family house with a total floor area of 393.99 square meters in Chungcheongnam-gun B, and obtained approval for the use of the said house on December 16, 2013.

Where a project owner or contractor performs a large-scale repair of a building in an urban area, he/she shall obtain permission from the competent administrative agency, and a person who intends to change the purpose of the building approved for use shall obtain permission from the competent administrative agency or file a report thereon.

Nevertheless, the Defendant did not obtain permission from the competent authority, and on December 2013, installed a boundary wall on the third floor of the multi-household housing constructed in an urban area and made it into two households. On a large scale, the Defendant installed two partitions and bath rooms in a warehouse installed in a four-story rooftop and changed the purpose of use without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The ordinary building ledger;

1. Application of the Acts and subordinate statutes on external photographs and interior photographs of buildings;

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts and Articles 108 (1) of the Act on the Selection of Punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] [the decision of sentencing] Article 334(1) of the Criminal Procedure Act, which led to a confession of a fine not exceeding 50 million won [the decision of sentencing] and seriously reflects its original state after being discovered, the fact that there was no record of the same crime, and that there was no record of the same crime other than the defendant's age, occupation, environment, circumstances of the crime of this case, details, and circumstances after the crime, etc.,