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(영문) 인천지방법원 2015.01.14 2014고단5346
건축법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of the second-story housing in Jung-gu Incheon Metropolitan City C.

The Defendant, the owner of the foregoing housing, did not report to the competent authority along with the Defendant’s wife D, and did not report it to the competent authority on June 10, 2012, from around August 10, 2012 to around August 10, 2012, extended 84.34 square meters of the above house without permission. Although the Defendant reported the underground floor of the foregoing housing as the warehouse use and constructed it, he installed three partitions on the underground floor 85.4 square meters and installed three rooms for each room without permission.

Accordingly, the defendant, in collusion with the above D, extended the rooftop floor of the above house without reporting to the competent authorities, and changed the purpose of the underground floor.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of Acts and subordinate statutes to the accusation site, on-site photographs, previous status before approval for use, current status of tenants, photographs of tenants, and building register;

1. Article 11 subparagraph 1 of Article 11 of the Building Act, Article 14 (1) 1 of the same Act, Article 30 of the Criminal Act, Articles 108 (1) and 19 (2) 2 of the Building Act, Article 30 of the Criminal Act, Article 111 of the same Act concerning criminal facts and Article 111 of the same Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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