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(영문) 의정부지방법원 2018.03.29 2018고정262
건축법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

B The agent of the building in Gyeonggi-gun C, and the defendant are those who run accommodation business by leasing “C” from B.

1. A person who intends to change the use of a building for which he/she has obtained approval for the joint use of a crime by a defendant or B into a use corresponding to the upper group shall obtain permission from the competent authority

The Defendant and B conspired to obtain permission from the competent authority on February 10, 2016, from around July 19, 2017 to around July 19, 2017, used a total of 280.89 square meters, including a total of 93.63 square meters for a house of 2nd floor, a house of 3 stories, a house of 93.63 square meters for a house of 4 stories, and a house of 93.63 square meters for a single house of 4 stories, as a higher military person’s accommodation.

2. A person who intends to conduct public sanitary business for the sole purpose of committing a crime by the defendant shall report to the competent authority.

The Defendant did not report to the competent authority on February 10, 2016, and operated accommodation business with 130,000 to 40,000 won per day, using 10 guest rooms where the beds, bathing rooms, cooking facilities, etc. are installed so that customers can sleep and stay in the said place of business from around July 19, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. A building management ledger (C);

1. 11 copies of photographs violating the Building Act (C) and 5 on-site photographs of accommodation facilities not reported; and

1. Application of one copy of a real estate transaction contract and one copy of a contract for the lease of a commercial building in real estate;

1. Article 110 subparagraph 1 of the relevant Act, Article 110 subparagraph 1 of the Building Act, Article 19 (2) 1 of the Building Act, Article 30 of the Criminal Act, Article 20 (1) 1 of the Public Health Control Act (a point of operating an unreported accommodation business), and the selection of fines for each crime;

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. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant at the time of committing a crime, and that it is the primary offender, but the instant crime is committed on the other hand.

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