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(영문) 창원지방법원 2016.01.20 2015고단2253

국토의계획및이용에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an urban area under the National Land Planning and Utilization Act and is the owner of the 1st floor building on the ground that was constructed above Kimhae-si, which is a street parking lot zone under the district unit planning under the above Act.

1. Since the Defendant violated the Parking Lot Act, around July 17, 2014, was permitted to use the above building as an exclusive building for a parking lot which is a street parking lot, the ratio of the portion used as a parking lot should exceed 70% of the total floor area of the building in question.

Nevertheless, from November 2014 to August 17, 2015, the Defendant used 273.94 square meters of the above building in violation of the above ratio: (a) five washing machines and one washing machine installed on the parking lot of 273.94 square meters of the above building; and (b) operated it as the Vice General of accelerator, thereby exceeding 70% of the total floor area of the relevant building.

2. On July 17, 2014, the Defendant violated the National Land Planning and Utilization Act: (a) around the parking lot for the main purpose of the building in question; and (b) obtained a construction permit with the portion of 273.94 square meters in the said building as a parking lot; (c) however, from November 2014 to August 17, 2015, the Defendant changed the purpose of the building that is not in compliance with the district unit plan by installing five air cleaning fixtures and one washing machine installed on the window of the main owner of the said 273.94 square meters from August 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (the land in this case is designated as a parking lot according to a district unit plan), an investigation report (the attached Table 1 of the Enforcement Decree of the Building Act), and an investigation report (the submission of public official C data);

1. Application of Acts and subordinate statutes to the register of general buildings, the land use plan confirmation sources, and current status photographs;

1. Article 29 (2) 1, Article 2 subparagraph 11 (a violation of the rate of use of a parking lot), Article 141 subparagraph 3, Article 54 (a change of the purpose of use of a building in breach of a district unit plan) of the National Land Planning and Utilization Act, and Article 29 (2) 1, Article 2 subparagraph 11 (a violation of the rate of use of a parking lot), and Article 141 (b)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;