2017 Fixed38 Violation of the Building Act

A

Park Jong-sung (Court) (Court of Justice) (Court of Justice) (Court of Justice)

January 20, 2017

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

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

Any person who intends to change the use of a building for which approval for use has been obtained shall obtain permission from the head of the competent Gu.

On January 2016, the Defendant changed the use of a building (area 592.79 square meters), which is a neighborhood living facility in Busan Shipping Daegu, which is an urban area (area 592.79 square meters), to a housing promotion center of the C Housing Association Promotion Council, which is a cultural and assembly facility, without obtaining permission from the head of Busan Shipping Authority.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Reporting on matters concerning the investigation of violated buildings;

[Defendant-Defendant-Defendant-Defendant-Defendant-Appellant] The charge of this case is found guilty in light of the facts acknowledged by the evidence duly adopted and investigated by this court, and the mere legal site alone cannot be viewed as a legitimate ground for mistake of the law.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 108(1) and Article 19(2)1 of the Building Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Justices Kim Don-do