logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.03.21 2017고정982
건축법위반등
Text

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

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

Reasons

Punishment of the crime

On January 2017, the Defendant was delegated with administrative procedures on changing the use of the above building and farmland from D, the main owner of the building of the land and the ground building in Kimhae-si, and from E, to an animal-only funeral hall and animal crematory facility.

1. A project owner who violates the Building Act shall obtain permission from the competent permitting authority or report to the head of the competent Si/Gun/Gu before changing any permitted or reported matter;

Nevertheless, during the period from May 2017 to August 7, 2017, the Defendant changed the purpose of use by installing internal facilities to use the above building reported for the purpose of factory on January 9, 2017 as an exclusive funeral hall and animal crematory facility.

2. Where it is intended to use land used or used for a project for diversion of farmland in violation of laws for other purposes within five years, it shall obtain approval from the head of a Si/Gun/Gu.

Nevertheless, from May 2017 to August 7, 2017, the Defendant used the said building for any purpose other than obtaining permission for diversion of farmland by installing internal facilities to use the said building as funeral facilities for animal exclusive use and animal crematory facilities without obtaining approval from the Kimhae market.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing a written accusation, C site, each building, large-scale repair, and a report on change of the purpose of use (No. 4, 19, and 24 evidence list), a written report on commencement of construction, a written report on completion of construction, a written report for completion, a one-story floor plan, a ground plan, a building ledger, a building status

1. Relevant Article 112 (4), subparagraph 1 of Article 111, Article 16 (1) of the Building Act (a point of change of the purpose of a building), Article 61, subparagraph 3 of Article 58, and Article 40 (1) 1 of the Farmland Act (a point of use of farmland for any other purpose) concerning criminal facts, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

arrow