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(영문) 인천지방법원 2016.05.27 2016고단2352
건축법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Building Act;

A. A person who intends to obtain a building permit or substantial repair (11 households expansion) of a building without permission from the competent administrative agency, but around October 2015, the Defendant arranged the number of the buildings without permission from the competent administrative agency by extending the number of households on the 4th floor multi-family houses with the size of 175.25 square meters above that of the area located in Seo-gu Incheon, Seo-gu, Incheon (2-story 3 households, such as 3 households, 3 households with the 4th floor, 4th floor, and 3 households with the 4th floor and 4th floor and 3 households with the 4th floor to the 4th floor and 4th floor, without permission from the competent administrative agency.

B. In the event of extension, remodeling, or reconstruction of the total floor area of an unauthorized extension is not more than 85 square meters, the Defendant filed a report with the competent authority. However, the Defendant extended the boiler room of the size of 21.14 square meters on the fourth floor of the multi-family house to the prefabricated type panel at the above date and place, and extended the above multi-family house without filing a report with the competent authority.

2. A person who intends to construct or install a building, golf practice course, or other facility that creates demand for parking in an urban area, etc. provided for in the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facility or on the site thereof;

Defendant did not install an attached parking lot for 11 households that had been expanded as above at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official statement of E;

1. Application of Acts and subordinate statutes to general building ledgers and field photographs;

1. Relevant legal provisions of the Building Act and Articles 108(1), 11(1) (unauthorized building occupancy, large-scale repair, election of imprisonment), Article 111 subparag. 1, and Article 14(1)1 of the Building Act (the occupation of extension of a non-reported building) concerning criminal facts, Articles 29(1)1, and 19(1) of the Parking Lot Act (the occupation of installation of a parking lot attached to the parking lot, the selection of imprisonment, etc.);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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