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(영문) 부산지방법원 동부지원 2017.12.13 2017고정966
건축법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a building owner who has obtained a building permit for new construction of one residential facility in the first-class neighborhood living facility with a total floor area of 494.79m2 on the second-story area on the ground in Yangsan-si, Yangsan-si and four lots outside the Gyeongnam-si.

1. To change a building permit, the project owner shall obtain permission from the competent permitting authority before such change is made, as prescribed by Presidential Decree;

Nevertheless, the Defendant, from July 2016 to May 20, 2017, newly constructed the said building with a total of six buildings (free storage), the total floor area of 584.79 square meters without obtaining permission from the permitting authority, thereby changing the matters for which the construction permission was granted.

2. No project owner shall use any building unless he/she has obtained approval for use;

Nevertheless, on May 20, 2017, the Defendant used six buildings newly constructed as above (Fresh warehouse) around May 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation and C’s written statement;

1. Subparagraph 2 of Article 110 of the Building Act and Articles 110 and 16 (1) and 22 (3) of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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

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