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(영문) 수원지방법원 여주지원 2016.03.11 2016고단54
건축법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant is the owner of multi-household housing (a total floor area of 658.83 square meters, hereinafter “instant building”) with a four-story scale located in Ischeon-si, Leecheon-si.

A project owner shall not use or allow another person to use a building unless he/she has obtained approval for use from an administrative agency.

Nevertheless, around July 25, 2015, the Defendant, as indicated in the list of crimes in the attached Form, had C move in from Echeon-si to 103 out of the instant building purchased from the Defendant, and had C use it in advance, thereby allowing the buyers to move in in the total of six households from July 25, 2015 to October 18, 2015.

Accordingly, the defendant, as a building owner, allowed the occupants to use the building without obtaining the use approval.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each contract for sale;

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 22 (3) of the Building Act, the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had a record of being punished by a fine of five million won from the Suwon District Court on January 20, 2012 to the crime of violating the Building Act, and the Defendant’s consent to and reflects his/her criminal act; favorable circumstances, such as obtaining approval for the use of the above multi-household house on December 10, 2015, and other favorable circumstances, such as the Defendant’s age, home environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered. It is so decided as per Disposition.

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