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(영문) 청주지방법원 2015.12.04 2015고정893

건축법위반등

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Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants are the owners of the building newly built to be the joint owners of E in Young-gu E in Young-gu, Chungcheongnam-gu.

A person who intends to construct or repair a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and an attached parking lot shall not be used for any purpose other

Nevertheless, the Defendants conspired to obtain permission on August 2014 and expanded two rooms, two toilets, and one warehouse using cement block, etc. on the parking lot lot of 155.18 square meters in the 155-18 square meters of land for the said E Inn, 155.18 square meters.

Accordingly, the defendant constructed a building without permission, and used the attached parking lot for the purpose other than the parking lot.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Investigation report (related to illegal buildings, etc. and verification as to whether they are restored to their original state);

1. Application of the Acts and subordinate statutes on accusation of a violator of the Building Act (D-A, B, and C);

1. Articles 108 (1) and 11 (1) of the Building Act, Article 30 of the Criminal Act, Articles 29 (1) 2 and 19-4 (1) of the Parking Lot Act, Article 30 of the Criminal Act concerning criminal facts;

1. Selection of a fine for negligence;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;