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(영문) 의정부지방법원 2014.07.10 2014고정522
건축법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from, or file a report to, the competent authority, and the defendant owns a multi-family house with the fourth floor located B at both weeks.

On June 2012, without obtaining permission from the competent authority or filing a report, the Defendant divided the said multi-family house into five partitions with a stone, and used it as a multi-family house. The Defendant divided one household of 97.65 square meters in the second floor into two households using bricks. The Defendant divided the three floors into two households, divided one household of 97.65 square meters in the third floor into two households, divided one household of 97.65 square meters in the fourth floor into two households. A large-scale repair was conducted by increasing the number of households illegally by dividing one household of 97.65 square meters in the fourth floor into two households. The Defendant increased 53.01 square meters in the stairs room of a rooftop tower into 12.96 square meters into two households.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Investigation cards and accusations of illegal acts;

1. The application of Acts and subordinate statutes to the multi-family house, a copy of inspection report, and ordinary building ledger;

1. Relevant legal provisions concerning criminal facts, Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014); Articles 111(1) and 14(1)1 of the former Building Act (Amended by Act No. 11690, Mar. 23, 2013); and each of the options of fines.

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

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

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

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