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(영문) 창원지방법원 2016.02.17 2016고정40
건축법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was the owner of the third-story building located in Kimhae-si B, and was approved to be used as the multi-family house of three households with the third-story floor above the ground around September 27, 2012.

1. Around May, 2013, the Defendant violated the Building Act, without obtaining permission from the head of Kimhae-si in the above B, performed a large-scale repair in order to increase the number of households from one household to five households, from one household to five households, from one household to five households, and from one household with three floors, and extended the number of households from one household to five households.

2. As the Defendant violated the Parking Lot Act increased the number of households from 3 households to 16 households as above at the date and place specified in the foregoing paragraph 1, the Defendant did not install an additional eight-eightth parking lot.

3. The Defendant violated the National Land Planning and Utilization Act, at the time and place specified in the foregoing paragraph (1), constructed a building that does not conform to the said district unit plan by increasing the number of households, even though the total number of households per parcel of housing for lease does not exceed four households, and the height of the building does not exceed three floors.

Summary of Evidence

1. Statement by the defendant in court;

1. Grounds for calculating the number of parking spaces;

1. Land utilization plan, certified copy of a building registry, and building register;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions of the Building Act, Articles 108(1), 11(1) (the point of unauthorized construction and substantial repair of an unauthorized building), Articles 29(1)1, 19(1) and (3) (the point of violating the installation of an attached parking lot) of the Parking Lot Act, Articles 141 subparag. 3 and 54 of the National Land Planning and Utilization Act, the selection of fines for criminal facts;

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

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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