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(영문) 창원지방법원 밀양지원 2016.10.27 2016고정150

건축법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Criminal facts

Defendant

A, as the husband of the defendant B, formed a camping site on behalf of the defendant B and processed administrative procedures such as authorization, permission, etc. with respect to the site of camping site located in Yangyang-si, which is owned by B, and D entered into the above camping site use contract with A and operated the camping site.

1. Defendant A

A. A building owner violates the Building Act (1) even though he/she is unable to use or use a building unless he/she has obtained approval for use from the smuggling City Mayor, the Defendant, on June 2014, without obtaining approval for use of the building in smuggling, made D use as a convenience store, and made D use as a toilet for the camping site users. (2) When constructing a building subject to reporting, he/she must file a report with the competent market (populated market), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

Nevertheless, on March 2013, the Defendant, without reporting to the competent authorities, installed a container toilet with a size of 118 square meters in the F in Seoyang-si around 2013, and installed a swimming pool with a size of 162 square meters in G in Seoyang-si around June 2014.

(b) Any person who intends to convert a mountainous district into a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission therefor from the Minister of the Korea Forest Service, etc. according to the classification of mountainous district

Nevertheless, on March 2013, the Defendant installed a container toilet with a size of 118 square meters, which is 118 square meters, and converted the use of the mountainous district to the mountainous district.

(c) Any person who intends to engage in development activities, such as constructing buildings in violation of the National Land Planning and Utilization Act, or changing the form and quality of land, shall obtain permission therefor;

Nevertheless, the Defendant, without obtaining permission for development activities from the competent authorities, installed a container toilet with a size of 118 square meters in the F in Seoyang-si around March 2013, and performed development activities, such as installing a swimming pool with a size of 162 square meters in the G in Seoyang-si around June 2014.

2. Defendant B. The Defendant