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(영문) 대구지방법원 포항지원 2017.03.08 2016고단1636

건축법위반

Text

Defendant

A and B shall be punished by fine of KRW 5,000,000, Defendant C shall be punished by fine of KRW 3,000,000, and Defendant D shall be punished by fine of KRW 7,00,00.

Reasons

Punishment of the crime

Defendant

A is the owner of a building of Gyeongbuk-do F short-rise housing (a cement brick, a total floor area of 43.68 square meters) and G short-rise housing (a wooden and a total floor area of 40.32 square meters), Defendant B is the contractor of the said housing; Defendant C is the local facility clerk (class VIII) in the housing construction field in the HGun office from November 201 to May 2013, 201, and Defendant D is the person who performed the duty of permission, reporting, and guidance related to housing construction in the housing construction field in the HGun office from around November 2011 to around May 201.

1. A person who intends to construct a building with a total floor area of at least 100 square meters in an urban area under Defendant A and Defendant B shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of

Nevertheless, in the event that the Defendants intend to extend, remodel, or rebuild a building within 85 square meters in total floor area, they reported only to the competent administrative agency on the extension of the above F short-rise housing within the total floor area of 85 square meters, and conspired to construct a new building with a total floor area of at least 100 square meters.

Accordingly, around November 25, 201, the Defendants filed a report on the commencement of construction with the content that the Defendants shall build a 33.80 square meters expansion of 33.80 square meters of the 1st floor (43.68 square meters of the existing 1st floor, 33.80 square meters of the extended 2nd floor, 7.48 square meters in total) around April 30, 201. From May 1, 201 to November 1, 2012, the Defendants filed a report on the commencement of construction with the above contents of the report, without obtaining the permission of the head of Si/Gun (referring to the adjacent building with the walls) from May 1, 201 to November 1, 2012, and newly constructed the 160.4 square meters of the total floor area on the site of the said 2nd building, with the said 160.4 square meters of the entire 18.74 square meters of the 2nd building, 78.74 square meters of the building.7.

As a result, the Defendants conspired to obtain permission from the competent authorities, and the total floor area is at least 10 square meters.