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(영문) 의정부지방법원 2018.04.19 2018고정240
건축법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a lodging business with the trade name called “Criart” in Gyeonggi-si B.

1. Violation of the Building Act;

(a) A person who intends to change the use of a building, the use of which has been approved for the change of use of which has been permitted, to the upper Gun shall obtain permission from the competent authorities;

The Defendant, without obtaining permission from the competent authority from May 2014 to July 17, 2017, changed the use of a total of 885.72 square meters to a higher military business facility, as shown in attached Table 1, such as a multi-family house of the third floor in the above location, which was approved to be used as a residential business facility, from May 2014 to July 2017.

(b) A person who intends to construct or repair an extension building without permission shall obtain permission from the competent authorities;

Around May 2014, the Defendant, without obtaining permission from the competent authority, extended a total of 225.6 square meters as shown in the attached Table 2, including extending the accommodation facilities to 77.56 square meters on a wooden structure at the above-mentioned location.

2. Any person who intends to conduct public sanitary business in violation of the Public Health Control Act shall report to the competent administrative agency;

The Defendant did not report to the competent authority on May 2014 to July 17, 2017, and installed 19 guest rooms with beds, bathing rooms, cooking facilities, etc., and operated accommodation business with a charge from 50,000 to 250,000 won per day so that customers can sleep and stay at the said location.

Summary of Evidence

1. Statement by the defendant in court;

1. One copy of the site photograph of a building in violation of the Building Act, one copy of the building management ledger, one copy of the site photograph of lodging business, one copy of the website, and the application of Acts and subordinate statutes of one land utilization plan

1. Article 108(1) of the relevant Act and Articles 108(2)1 of the Building Act regarding criminal facts; Article 19(2)1 of the Act on the Selection of Punishment (unauthorized Alteration of Use); Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 20(1)1 and 3(1) of the Public Health Control Act (unreported accommodation).

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