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(영문) 대구지방법원 서부지원 2014.12.19 2014고정963

건축법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No owner and construction contractor of a building that has obtained approval for use shall change the use of the building into the use corresponding to the upper group of the facility group without obtaining permission from the competent authority;

Nevertheless, on July 18, 2005, the Defendant changed the purpose of use to a religious assembly site, which is a “fresh living facility” on July 22, 2014, without obtaining permission from the head of Sungju-gun, Sung-gun, C, and D, which was approved as “animals and plant-related facilities” (60 square meters), and two managers (25 square meters, 42.6 square meters, respectively) owned by the Defendant.

2. A person who intends to extend or rebuild a portion, the total floor area of which exceeds 85 square meters for unauthorized expansion, shall obtain prior permission from the competent authority;

Nevertheless, from July 2012 to January 30, 2013, the Defendant constructed one container building on the right side of the first manager’s building, which is an animal-related facility owned by the existing Defendant without obtaining permission from the head of the gender, in order for customers who have left the right to demand the transfer of housing, to install a lodging room in which they can live, and installed and extend a kitchen, a kitchen, a toilet, etc. in a size of about 166.9mm2 in the latter part of the first manager, and extended the area of about 52.5m2 to the second manager by installing a boiler room, a kitchen, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to a report on investigation (additional verification of a suspect);

1. Relevant Article of the relevant Act and Articles 110 subparagraph 1, 19 (2) 1 (a point of use without permission), and Articles 110 subparagraph 1, and 11 (1) of the Building Act concerning 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 (1) 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;