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(영문) 대전지방법원 천안지원 2015.02.12 2014고정1081

건축법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a water business under the mutual name of “D” located in Seo-gu, Seoan-gu, Seoan City.

Where the total floor area is less than 200 square meters in an agricultural and forest area, and a building report shall be filed in cases of expanding a building with less than three floors.

Nevertheless, around June 201, the defendant extended the area of 7 square meters to the prefabricated Panel without reporting on the container side of 18 square meters in the above D site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. A written accusation against a violator of the Building Act, and an order to correct a violated structure;

1. Application of current status photographs and photographs statutes;

1. Article 11 Subparag. 1 and Article 14(1)2 of the former Building Act (amended by Act No. 11690, Mar. 23, 2013); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In addition to the summary of the facts charged, a person who intends to build a temporary building for the purposes prescribed by Presidential Decree, such as disaster relief, entertainment, exhibition, construction temporary building, etc. shall commence construction works after reporting to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu on the

Nevertheless, around June 2013, the defendant constructed three containers with a size of 27 square meters, 10 square meters, and 10 square meters respectively without reporting on the above D site.

2. A temporary building requiring a report pursuant to Article 20(2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) is a temporary building for the purposes prescribed by Presidential Decree, such as disaster restoration, entertainment, exhibition, construction work, etc. According to Article 15(5) of the Enforcement Decree of the same Act (Presidential Decree No. 24568), it is reasonable to view that the said temporary building is entirely premised on its use.

However, the defendant is not guilty.