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(영문) 창원지방법원 2013.10.30 2013고단1787
건축법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 is the owner of multi-family house B at the time of Kim Sea.

Around June 2012, the Defendant, in the above multi-family house, had two households with three floors of the above multi-family house (area 105.98 square meters) and two floors (area 118.9 square meters) with four households and three floors (area 118.9 square meters) with three households without permission of the competent authority.

2. The Defendant violated the National Land Planning and Utilization Act, in order to construct a building or alter the purpose of the building at the same time and place as the preceding paragraph, and to alter the purpose of the building, the Defendant constructed a building that is inconsistent with the district unit planning, even though the total number of households per parcel does not exceed four households, in the case of constructing a house for the purpose of lease in accordance with the detailed plan for housing site development project in the district unit planning, the total number of households per parcel can not exceed four households, as described in the foregoing paragraph (1).

3. The Defendant violated the Parking Lot Act at the same time and place as the above paragraph (1), even though the total number of households per parcel increases from 4 to 10 households, and accordingly, did not install a three-thirds parking lot facility additionally required.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Statement made by the accuser;

1. Application of Acts and subordinate statutes to a C district housing site development project detailed plan, site photograph, land use plan confirmation, land cadastre, general building ledger, and current status of buildings;

1. Article 108 (1), Article 11 (1) of the Building Act ( points of substantial repair of an unauthorized building), subparagraph 3 of Article 141, Article 54 of the National Land Planning and Utilization Act, Article 29 (1) 1, and Article 19 (1) of the Parking Lot Act ( points of violation of the installation of annexed parking lots), the selection of each fine for criminal facts;

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. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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