beta
(영문) 부산지방법원 2014.02.13 2013고정5664

건축법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person who intends to change the use of a building from the facility group to the subordinate group, or to extend a building, the total floor area of which does not exceed 85 square meters, shall file a report with the competent authority.

1. Around December, 2011, the Defendant did not report the change of the purpose of use to the competent authority, and changed the use to a sub-military residence even though the first floor of the building owned by the Defendant located in Busan Dong-gu, Busan, which is located in the urban area B, was 53.33 square meters.

2. Around December 2012, the Defendant, who did not report extension to the competent authority, extended a residential building of 20.10 square meters in size on the fourth floor of the above building on the assembly-type board.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A written accusation;

1. Application of the general building register, land use plan confirmation certificate, and land cadastre statutes;

1. Article 108 (1) and Article 109 (2) 2 of the Building Act, Article 111 subparagraph 1 of the Building Act, Article 111 and Article 14 (1) 1 of the Building Act, the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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