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(영문) 수원지방법원 안산지원 2016.06.29 2015고정1213
건축법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the owner of the building of the member-gu Seoul Building in Ansan-si.

A person who intends to construct or repair a building shall obtain permission from the competent authority, and a person who intends to change the purpose of the building, the use of which has been approved, shall obtain permission from the competent authority.

Nevertheless, the Defendant, without permission from the competent authority, changed the fire-prevention division due to the removal of Esplate installed on the third floor of the above C building without permission from the competent authority, and changed the use of the removed site as multi-living facilities.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the accused;

1. According to the evidence duly adopted and examined by this Court, the defendant can be acknowledged that the defendant removed the above C-building 3 floor and constructed a multi-use living facility at the same time.

The defendant is a construction contractor who made a large-scale repair and change of use as stated in the facts charged.

Article 108 (1) of the Building Act provides that a project owner or contractor who has elected large numbers or has changed the purpose of use without obtaining permission from the competent authority shall be punished.

It was permitted by the competent authorities with respect to the substantial repair or alteration of use of the instant case.

shall not be deemed to exist.

The defendant is a contractor who has made a large-scale repair and alteration of use of the instant building, and is subject to the crime of violating the Building Act.

1. Article 108 (1), Article 11 (1) of the Building Act ( point of large-scale repair without permission), Article 108 (1), and Article 19 (2) of the Building Act ( point of use without permission), and selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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