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(영문) 의정부지방법원 2018.01.04 2017고정1577
건축법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

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

Reasons

Punishment of the crime

On December 16, 2015, the Defendant, a Class-I district unit planning zone, obtained a building permit for detached houses with a total floor area of 321.97 square meters, one story underground, two stories above ground, and one household on the Nam-si, Namdong-si, which is a Class-I district unit planning zone, and obtained approval for the use of the above building on July 27, 2016.

1. On August 2016, the Defendant violated the Building Act without filing a report with the Mayor of Namyang-ju, and extended the boiler room of the size of 6 square meters in total by using the light-weight board on the first floor of the house above the second floor of the house above the second floor of the house.

2. Where a person intends to construct a building, alter its use, or install a structure in a district unit planning zone in violation of the National Land Planning and Utilization Act, he/she shall comply with such district unit planning;

On August 2016, the Defendant stated in the indictment for changing the purpose of use of a building not in compliance with the D district unit planning that stipulates that the first and second floors above the ground level shall be constructed by installing boundary walls, etc. inside the building in the above detached house in the middle of August 2016, the Defendant shall increase the number of households to five households, and shall not exceed one household per parcel, as stated in the indictment for changing the purpose of use. However, in light of the progress of litigation, etc., the Defendant ex officio correct the building ex officio

was made.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the police statement made to E;

1. A written investigation of offenses (the detection of August 23, 16);

1. A report on the results of each business trip;

1. The ledger of each general building;

1. Application of Acts and subordinate statutes governing current status photographs;

1. Article 11 subparag. 1 and Article 14 subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Articles 141 subparag. 3 and 54 of the National Land Planning and Utilization Act (amended by Act No. 14016, Feb. 3, 201) regarding criminal facts; “D district unit plan” in the judgment is in accordance with delegation under the delegation of Article 76 subparag. 1 of the above Act and Article 71 of the Enforcement Decree of the same Act, which are superior statutes; thus, it is externally binding in combination with the above statutes.

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