Text
A defendant shall be punished by imprisonment for six months and a fine of five million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is the owner of the building in Kimcheon-si B, and the above building is the 1st underground and the 2,311.15 square meters of the total floor area of the 10th ground located in the urban area.
1. Where the total floor area of a building without filing a report does not exceed 85 square meters, and the total floor area of the building to be extended on at least three floors does not exceed 1/10 of the total floor area of the building, the owner of the building without filing a report shall file a prior report as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the Special Self-Governing City Mayor, the
However, around May 2017, the Defendant extended the building report to the stairs room upper part of the rooftop floor of the B B building without filing a building report, 19 square meters of light capacity steel structure and steel reinforced concrete structure.
2. Any person who intends to change the purpose of use of a building without reporting shall file a report with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
A. On May 2017, the Defendant changed the use of a water tank room (22 square meters) to a single house, which is a neighboring living facility installed in the existing building on the B rooftop floor without filing a report thereon.
B. On May 2017, the Defendant changed the purpose of use to a single house by installing an individual cooking facility in 13 rooms, a multi-user living facility, without reporting at the 6,7th floor of the B building.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs;
1. Current status of illegal buildings and written opinions on fire-related fire-fighting;
1. Application of Acts and subordinate statutes, such as a certificate of all matters to be registered, building ledger, and building design standard contract;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Extension without filing a report: Subparagraph 1 of Article 111 of the Building Act and the proviso to Article 14 (1) 1 of the same Act;
(b) Change of use without filing a report: Articles 108 (1) and 19 (2) of the Building Act, and the selection of imprisonment.
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.