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(영문) 수원지방법원 평택지원 2016.04.28 2016고단103

건축법위반등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of multi-family house called Pyeongtaek-si B.

1. A person who intends to construct or repair a building in an urban area in violation of the Building Act and the National Land Planning and Utilization Act shall obtain permission from the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, or the head of a Si/Gun/Gu, and shall comply with the district unit plan in order to construct or alter the use of

On January 25, 2012, the Defendant obtained a construction permit from around October 31, 2012, with the purport that he/she constructed a total of three households, including the total floor area of the said multi-family house “B” in the district unit planning zone, the total floor area of 311.38 square meters, the first-story multi-household (2 households), the second-story multi-household (1 household), and the second multi-story (1 household), etc.

Nevertheless, the Defendant arbitrarily extended the “B” multi-family house to 14 households in Do, Do, 14 (7 households in 2nd and second floor) from the existing three households by installing a studio and a studio in each room of the first floor and the second floor of the multi-family house without obtaining permission from the competent authorities in the light of the district unit plan.

2. A person who intends to construct or install a building or any other facility that creates demand for parking in a district unit planning zone in violation of the Parking Lot Act shall install a parking lot inside such facility or on the site thereof;

Nevertheless, the Defendant: (a) extended the total number of 2 households and 3 households in the first floor and 2nd floor of the multi-family house “B” above around B, to 14 households in each room, respectively; and (b) did not install a parking lot inside the facility or in the site thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of C, D, E, and F;

1. Application of the register of general buildings, current status map of buildings, certificate of land use plan, photographic Acts and subordinate statutes;

1. Criminal facts;