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(영문) 의정부지방법원 고양지원 2019.08.14 2019고정489
건축법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of the building C and D in Gyeyang-gu, Soyang-gu.

A person who intends to construct or repair a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun

Nevertheless, the Defendant, without obtaining permission from the competent authority on March 2015, extended the floor of a building equivalent to 143.55 square meters in each area, such as 13.55 square meters and 137.55 square meters in each area, by using steel-frames in the above B building C and D around early March 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to on-site photographs, aggregate frying ledger (C), building status maps (C), aggregate building ledgers (D), and building status maps (D);

1. Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016);

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1448, Apr. 1, 2011>

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