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(영문) 울산지방법원 2018.06.29 2018고정470
건축법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of a detached house with a total floor area of 87.85 square meters, which was newly built in Ulsan-gun B or C.

No project owner may use or allow anyone to use a building unless he/she has obtained approval for use.

Nevertheless, the defendant did not obtain the above approval from the competent authorities, and occupied the above detached Housing in November 2017 and used it until now.

Accordingly, the Defendant violated the Building Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation and photographs of current status;

1. Application of Acts and subordinate statutes to investigation reports (attached to reports on construction, large-scale repair, change of use, etc.);

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the confessions of and reflects against the Defendant, absence of any previous convictions, the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstance after the crime, etc., and the circumstances constituting the conditions for sentencing as set forth in the argument of the instant case, shall be determined as ordered in light of the text.

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