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(영문) 수원지방법원 2017.09.27 2017고정2012
건축법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a detached house (multi-family house) located in B in the time of harmony.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, or the

Nevertheless, the Defendant, without obtaining permission on November 2014, purchased the above housing units by extending the bearing wall to 6 households of the second floor, 6 households of the third floor, 6 households of the fourth floor, and 16 households of the fourth floor by installing the bearing wall with concrete bricks on each of the above housing units.

2. A person who intends to construct or install multi-household housing in an urban area under the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facilities or on the site thereof.

Nevertheless, the defendant did not establish five parking lots (existing parking lots: seven parking lots) when expanding the above housing from five to 16 households as provided in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Current status of the building ledger, and the current status of illegal multi-households with one new carbon;

1. Application of Acts and subordinate statutes on the spot and violating photographs;

1. Article 108(1) and Article 11(1) of the former Building Act (amended by Act No. 13785, Jan. 19, 2016); Article 29(1), Article 19(1), and (3) of the former Parking Lot Act (amended by Act No. 13488, Aug. 11, 2015); each of the options of fines for criminal facts;

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

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

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

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