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(영문) 인천지방법원 2018.03.15 2018고정341
건축법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner and owner of a building of 479.46 square meters on the second floor located in Jung-gu Incheon Metropolitan City.

1. From August 18, 2016 to October 22, 2017, the Defendant, without permission, changed the purpose of use of the above building in C, even though it is a detached house and a Class 1 and 2 neighborhood living facility, and without obtaining permission from the competent authority.

2. Around December 2016, the Defendant had extended one 33 square meters of a prefabricated panel without filing a report with the competent authority in the foregoing C, and had extended one 40 square meters of a steel pipe becher to the competent authority on July 2017 without filing a report with the said competent authority.

3. On July 2017, the Defendant without filing a report with the competent authority on the construction of a pipe/ panel structure 10 square meters, which is a temporary building, and 36 square meters in a pipe/ panel structure be installed.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (case of suspect A), investigation report ( telephone conversations of a suspect), investigation report (to hear statements of an accused public official);

1. The filing of an accusation, a floor plan of the first and second floor, a report on temporary buildings, a notice of compulsory performance of a non-compliant building, the voluntary maintenance of a building in violation of the provisions of July 18, 2017, the voluntary maintenance of a building in violation of the provisions of September 19, 2017, and the application of Acts and subordinate statutes governing filing an accusation against a building in violation of the provisions of Article 17, and a notice of compulsory performance of a building;

1. Relevant legal provisions of the Building Act, Articles 108(1) and 19(2)1 of the Building Act (the violation of the Building Act due to the alteration of use without permission), Article 111 Subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Article 14(1)1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Articles 111 Subparag. 1 and 14(1)1 of the Building Act (the violation of the Building Act due to the extension of report without filing of a steel pipe pipe, Article 111 Subparag. 1 of the Building Act; Article 20(3) of the Building Act (the act of violating the Building Act due to the extension of report without filing of a steel pipeline), each of the selective fines;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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