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(영문) 수원지방법원 2014.02.12 2013고단6136
건축법위반
Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the owner of multi-family house in Suwon-si C.

1. A person who intends to make a large-scale repair to increase the number of households of multi-family housing within an urban area with no permission shall obtain permission from the competent authority;

Nevertheless, in 2011, the Defendant made 4 households on the ground of the above multi-family house into 8 households without obtaining permission from the competent authority, and made 209.19 square meters on a large scale, made 4 households on the ground as 8 households, made 209.19 square meters on a large scale, made 4 households on the ground as 8 households on a large scale, made 4 households on the ground, made 4 households on the ground as 6 households on a large scale, and made 4 households on the ground as 6 households on a large scale, and made 10 households on a large scale.

2. Any person who intends to change the use of a non-reported building from a neighborhood living facility to a residential purpose shall file a report on the change of use with the competent authority.

On 2011, the Defendant changed the use of one story 265.17 square meters on the ground of the above building from a neighborhood living facility (office) to a residential purpose without reporting the change of use to a competent authority.

3. A person who intends to extend a building, the total floor area of which does not exceed 85 square meters, shall file a report with the competent authority.

Nevertheless, the Defendant, without reporting to the competent authority on May 201, extended 12.54 square meters to the stairs room entering the first floor above the above multi-family house without reporting to the competent authority on May 201, by setting up a shower pole and covering it in favor of him.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to a written accusation, ledger of building in violation, photograph of building in violation, and report on investigation results;

1. Relevant Articles 108(1) and 11(1) of the Building Act, each of the applicable Articles for criminal facts and the choice of punishment (the occupation of substantial repair without permission and the concurrent imposition of imprisonment and fine), Articles 108(1) and 19(2)2 of the Building Act (the alteration of use of unreported and the concurrent imposition of imprisonment and fine), Articles 111 subparag. 1 and 14 of the Building Act.

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