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(영문) 창원지방법원 2019.02.20 2018고정710
건축법위반
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendants, as co-owners of Kimhae-si, obtained building permission from Kimhae-si on August 14, 2017 for the said land.

If a building is to be used after the completion of the construction work for the building for which permission has been granted, the application for approval for use shall be filed with the permitting authority, and no use or use of the building shall be allowed until the approval for

Nevertheless, around June 2018, the Defendant occupied and used the new building on the land in advance by leasing it to D without obtaining approval for use, allowing it to use it as a garage.

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

1. Article 110 subparagraph 2 of the Building Act and Articles 110 and 22 (3) of the same Act, Article 30 of the Criminal Act concerning criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing under Article 334(1) shall be based on the following circumstances: (a) the size, form, and use of the building of this case; (b) the degree of profits accrued from the use and profit-making thereof; (c) the circumstances leading to the crime of this case (such as disputes with the construction works related to new construction works), the circumstances after the crime; (d) the defendants’ age and character and conduct

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