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(영문) 수원지방법원 2017.09.14 2017고정819
건축법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operated C in a building with a light-weight structure (495 square meters) located in B and 3 lots outside of the Silsung City, one Dong and its lot.

1. Any person who intends to alter purposes of a building for which approval for use has been obtained shall obtain permission for or report to the Special Self-Governing City Mayor, a Special Self-Governing Province branch, or the head of a Si/Gun/Gu

Nevertheless, on February 5, 2015, the defendant set up a facility around the building that was permitted to use the factory without any report to the competent administrative office, and installed 30 chairs, books, etc. in the building site and used it by changing the use to the district office of education (safety experience site, park facilities, and sports facilities claiming light of cars).

2. A person who intends to build a temporary building for purposes prescribed by Presidential Decree shall commence construction works after reporting to the Special Self-Governing City Mayor, a branch office of a Special Self-Governing City, or the head of a Si/Gun/Gu in accordance with

Nevertheless, at the same place as the above paragraph (a), one container stuff (3 x 9m) of steel-frame structure built around July 15, 2015 without reporting the construction of a temporary building to the competent authority, and used it as a store and a toilet, and constructed one container stuff (3 x 9m) of steel-frame structure as a toilet around October 20, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on internal investigation (verification of C facilities), report on construction permission, and current status map of buildings;

1. Application of Acts and subordinate statutes to output of the C website, written approval for the establishment or change of a factory, written agreement for the lease of factory warehouse, investigation report (each point and file of photographs related to temporary buildings being used as toilets);

1. Article 110 Subparag. 1 of the former Building Act and Articles 110 Subparag. 1, 19 Subparag. 2 of the same Act (amended by Act No. 14016, Feb. 3, 2016); Article 111 Subparag. 1, and 20 Subparag. 3 of the same Act regarding criminal facts;

1. Selection of penalty:

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