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(영문) 수원지방법원 성남지원 2013.08.23 2013고단1492
건축법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner and owner of a building with a square meter of 453.06m of total floor area of 1st underground floor and 453.06m of ground in Sungnam-gu, Sungnam-si.

1. Where a project owner who has not reported changes the use of a building in an urban area to a residential business facility group in a neighborhood living facility group, he/she shall report it to the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, on January 11, 2013, the defendant did not report to the competent authority, and made two households by installing a boundary wall and a scam, etc. on the 147.06m of the above 1st floor of the building located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, an urban area, and changing the use from neighborhood living facilities to residential facilities.

2. Where an owner and contractor of a large-scale repair without permission perform a large-scale repair of a building in an urban area, he/she shall obtain permission from the Governor of a Special Self-Governing Province or

Nevertheless, on January 11, 2013, the Defendant, without obtaining permission from the competent authority, installed a boundary wall on the 147.06 meters square meters of the underground floor of the above building in Seongbuk-gu, Sungnam-si, a city area, and made one household into two households, and made two households into four households by installing a boundary wall on the 102 meters square meters of the ground floor and the 2nd floor on the 102m square meters of the ground, respectively, and repaired a building by installing a boundary wall on the 102m square meters of the 3rd floor above the ground and making one household into two households.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the ordinary building ledger and building status;

1. Relevant legal provisions concerning criminal facts, Articles 108(1) and 19(2) of the former Building Act (amended by Act No. 11690, Mar. 23, 2013); Articles 108(1) and 11(1) of the Building Act (amended by Act No. 11690, Mar. 23, 201); the selection of imprisonment with labor

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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