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(영문) 수원지방법원 2017.10.19 2017고정1510

건축법위반등

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant is the owner of a detached house (multi-family house) located in C in the time of harmony.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, or the head of a Si/Gun/Gu, but the Defendant, as the owner of a detached house (multi-family house) of the total floor area of 534.78 square meters in Cheongsung C, with no permission from the competent administrative agency, built a door allowing access to the building with the fall (85.75 square meters) of the warehouse of the five-story (house floor) on November 2014, and installed one room inside the building.

2. A person who intends to construct or install multi-household housing in an urban area under the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facilities or on the site thereof.

Nevertheless, even though the Defendant installed an external entrance and room at the falls of five stories of multi-households as described in paragraph 1 and increased by the falls of one household, the Defendant did not install a parking lot attached to the above multi-households (5 units attached to existing parking lots) in the same multi-households.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the police statement made to D;

1. Building ledger;

1. Requests for cooperation in investigation (such as the current status of each divided of units in illegal large-scale repair households) and forwarding of customer information data (the police station in the Sungsung Dong Department);

1. A list of persons who have access to resident registration;

1. Notification of the result of the illegal large-scale repair and unauthorized extension of multi-family houses in two new cities of the same coal;

1. Application of Acts and subordinate statutes to a report on internal investigation (with respect to municipal ordinances on the installation and management of parking lots annexed to harmony);

1. Relevant legal provisions and Articles 108(1) and 11(1) (unauthorized extension) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Articles 29(1)1 and 19(1) (unauthorized extension of parking lots) of the Parking Lot Act; Articles 29(1)1 and 19(1) (unauthorized installation of parking lots) of the Parking Lot Act; and the selection of fines, respectively.

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.