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(영문) 서울중앙지방법원 2013.06.03 2013고정1945
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The defendant is the owner of multi-household housing with one story underground, three floors above ground, and 448 square meters above a total floor area in Seongbuk-gu Seoul Metropolitan Government, and when he/she intends to change any reported matter, he/she shall file a report with the competent authority

Nevertheless, on May 1, 2012, the Defendant reported the extension of 41.36 square meters on the fourth floor above the above building on the fourth floor, but extended 21.45 square meters above the reported area without reporting it to the competent authority.

2. On May 15, 2012, the Defendant occupied and used the 4th floor of the building, which was extended without permission, without obtaining approval from the competent authority, notwithstanding the fact that the Defendant could not use or make use of the building, even after obtaining approval for use on the 15th floor.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 110 subparagraph 2 of the Building Act, Article 110 subparagraph 2 of the same Article, Article 16 (1) of the Building Act, Article 110 subparagraph 2 of the Building Act, Article 110 subparagraph 2 of the same Act, and Article 22 (3) of the same Act, which applies to 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment have no record of criminal punishment for the last ten years, and consideration of the degree of the crime in this case, circumstances of the crime, etc.

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