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(영문) 의정부지방법원 2018.01.04 2017고정1212
건축법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

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

Reasons

Punishment of the crime

The Defendant, on December 28, 2015, indicated in the charges of indictment of 350.76 square meters of the total floor area on the land of Namyang-si, Namyang-si, a Class-I district unit planning zone, is a district unit planning zone of 1, 2015, is obvious that the “299.4 square meters” is a clerical error. As such, the Defendant is corrected ex officio,

It is a building owner who obtained a building permit for detached houses with the 1st underground floor, the 2nd underground floor, and the 1st household, and approved the use of the building on July 11, 2016.

1. Where a person intends to construct a building, alter its use, or install a structure in a district unit planning zone in violation of the National Land Planning and Utilization Act, he/she shall comply with such district unit planning;

On August 2016, the Defendant stated in the indictment for changing the purpose of use of a building that does not conform to the D Housing Site District Unit Plan that stipulates that one household shall be constructed not more than 2 households per parcel in order to increase the number of households by means of installing boundary walls, etc. inside the building in the above detached house from the above detached house to 3 households, as the facts charged in the indictment for changing the purpose of use of the building are stated as “construction”. However, in light of the progress of the lawsuit, etc.

was made.

2. The Defendant violated the Building Act, without filing a report with the Mayor of Namyang-ju, extended a warehouse of a size of 10.55 square meters in total by using steel reinforced concrete, etc. on one underground floor on the date and place specified in paragraph (1), and extended the entrance, etc. of a size of 6.48 square meters in total with a size of 6.48 square meters in total on one story on the ground.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the police statement made to E;

1. A written investigation of offenses and a report on the results of business trips;

1. A general building ledger and a current building status map;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 11 subparag. 1 and Article 14 subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Articles 14 subparag. 3 and 54 of the National Land Planning and Utilization Act (amended by Act No. 14016, Feb. 3, 2016); and Articles 141 subparag. 3 and 54 of the National Land Planning and Utilization Act concerning criminal facts.

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