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(영문) 인천지방법원 2013.10.25 2013고정3243
건축법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Building Act extended two floors (125.54 square meters) and three floors (125.4 square meters) among the above buildings to ten households by installing partitions between November 29, 2012 and February 2, 2013 in a way of controlling the area by obtaining permission from the competent authorities, as the owner of a multi-family house C-owned house in the Nam-gu Incheon Metropolitan City, and from November 29, 2012 to February 2, 2013.

2. To construct a building or alter the purpose of use of a building in a district unit planning zone in violation of the National Land Planning and Utilization Act, it shall conform to such district unit planning;

Nevertheless, the defendant has extended the number of households in the above multi-family house without obtaining permission from the competent authorities as provided in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 108 (1), Article 11 (1) of the Building Act ( point of substantial repair of an unauthorized building), Article 141 subparagraph 3 of the National Land Planning and Utilization Act, and Article 54 of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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