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(영문) 부산지방법원 동부지원 2016.05.16 2015고정1632
건축법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

B around March 9, 2010, the owner who was awarded a successful bid for the residential facilities near the steel structure in Suwon-gu, Busan Metropolitan City and the second floor of reinforced block block structure (469.16 square meters) and the shelter of the second floor near the steel structure in D concrete structure (24 square meters) at auction, and the Defendant leased the above buildings (hereinafter “instant building”) from B around August 6, 201 and operated the EM by May 201.

Any person who intends to construct or repair a building shall obtain permission from the competent administrative agency, and where he/she intends to extend a building with a total area of 85 square meters or less, he/she shall file a report on extension with the competent administrative agency.

Nevertheless, the defendant and B conspired to extend illegal construction without obtaining permission from the competent authorities to engage in marina business in the above building.

1. On September 17, 2010, the Defendant: (a) increased the total floor area of the instant building by requesting construction to the president, who is the competent authority, and is unable to identify the name of the marina equipment operator; and (b) connecting an empty space between the instant building in the form of a base station using a prefabricated type panel, etc.; and (c) reducing the total floor area of the instant building by 109.15 square meters.

2. On October 14, 2010, the Defendant, who did not report to the Young-gu Office, created an illegal structure using steel pipe and tent, etc. on the front of the building illegally extended as described in the foregoing paragraph 1, and reduced the total floor area of the instant building by 37.5 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant or B;

1. Statement made by the police with regard to G and H;

1. A written accusation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 108(1) and Article 11(1) of the Building Act regarding criminal facts; Article 30 of the Criminal Act (the occupation of extension without permission and the selection of fines); Articles 111(1) and 14(1)1 of the Building Act; Article 30 of the Criminal Act regarding the selection of punishment (the extension of a report).

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