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(영문) 부산지방법원 2013.05.09 2012고정6020
건축법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 28, 2011, the Defendant obtained a construction permit from the head of the competent Busan District Office, and constructed a building with the 8th floor above the ground and 651.86 square meters above the total floor area on one parcel outside the Busan Seo-gu B.

1. A project owner shall obtain permission from the permitting authority or report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu before changing any permitted or reported matter

Nevertheless, on October 201, the Defendant changed the use of the second or fourth floor neighborhood living facilities in the above building, the fifth or eighth floor above ground to the studio-type housing, the second or fifth floor above ground to the studio-type housing, and the sixth or eighth floor above ground to the studio-type housing without permission.

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

Nevertheless, around March 9, 2012, before obtaining approval for use of the above building on April 20, 2012, the Defendant occupied the above building in advance and used the above building before obtaining approval for use.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal facts, subparagraph 2 of Article 110 of the Building Act, Article 116 (1) of the Act on the Selection of Punishment ( point of a Unauthorized Alteration of Use), Article 110 subparagraph 2 of the Building Act, Article 22 (3) of the Building Act ( point of use of a building before approval for use), and the

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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