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(영문) 광주지방법원 목포지원 2013.09.09 2013고정303
건축법위반
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

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

Reasons

Punishment of the crime

Defendant,

1. A person who intends to build a building shall construct a building without obtaining permission from the competent administrative agency, and construct a building by means of cutting pipes on one greenhouse (369.5 square meters) located in Pyeongtaek-gun B, Jeonnam-gun on July 201, which is covered by a vinyl with debris covered by cement on the floor, without obtaining permission from the competent administrative agency;

2. In order to change the purpose of use of a building approved for use as a warehouse to a single house, a building approved for use as a warehouse facility (84 square meters) in the Jeonnam-gun B was used as a single house without obtaining permission from the competent authority, despite obtaining permission from the competent authority, and around December 2006, the use was changed by using it as a single house.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of statements;

1. Each image of a field photograph;

1. Entry into the register of ordinary buildings (21 pages of investigation records);

1. Application of the Acts and subordinate statutes described in the direction to remove illegal buildings;

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

(a) Occupation of a building without permission as indicated in the judgment: Subparagraph 1 of Article 110 of the Building Act and Article 11 (1) of the same Act;

(b) Point of change of use without permission in its holding: Article 110 subparagraph 1 of the Building Act and Article 19 (2) of the Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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