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(영문) 의정부지방법원 2016.07.14 2016고정702

건축법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a single house and a second-class neighborhood living facility (252 square meters in total) in Namyang-si, Namyang-si.

No project owner may use or allow anyone to use a building unless he/she has obtained approval for use of the building.

Nevertheless, from June 2014 to December 2015, the Defendant used an amount equivalent to 84 square meters on the third floor of the above building without obtaining approval for use at the aforementioned place for residential purpose. The Defendant leased an amount equivalent to 84 square meters on the second floor of the same building to an influor and used it for residential purpose.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each legal statement of D and E;

1. Written statements and written accusations;

1. On-site photographs;

1. Application of Acts and subordinate statutes for non-approval of use;

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;