Defendant shall be punished by a fine of four million won.

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

Punishment of the crime

B is the owner of multi-household housing constructed in Seo-gu Incheon Metropolitan City, and the defendant is the construction contractor who has been in charge of the construction of the building as the building contractor.

A person who intends to repair a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province or the head of a Si/Gun/Gu.

Nevertheless, in order to increase the second and third floors of the above building from 4 to 10 households on April 28, 2017 without the permission of the competent authorities, the defendant and B made a large-scale repair of the boundary wall between households without permission.

Summary of Evidence

1. Statement made by the police against D;

1. The accusation book, field photograph, and general building register of E;

1. B [The construction of the instant building to 10 households is clearly different from the content of the building permit (multi-family house).

However, the defendant is expected to expect the date of permission for change of design to multiple houses and constructed ten households in the future, and there are circumstances that the public official in charge knew that it is possible to construct multiple houses by mistake, but it is so.

Even before the permission for design change is granted, it shall be deemed to be a large-scale repair without permission for more than one construction different from the original permission.

In addition, in the case of a large-scale repair or alteration of use without permission, the construction contractor is subject to criminal liability identical to the construction owner (Article 108 (1) of the Building Act), and the defendant's assertion that it is not related to the unauthorized large-scale repair is not acceptable.)

Application of Statutes

1. Article 108 (1) and Article 11 (1) of the Building Act applicable to the relevant criminal facts, and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment, etc.;

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

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