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(영문) 서울동부지방법원 2017.10.12 2017고단2705
건축법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the owner of the building in Gwangjin-gu Seoul Special Metropolitan City D ground.

In order to change the use of a building in an urban area to a residential business facility group, the Special Self-Governing City Mayor, Special Self-Governing City Mayor, or the head of a Si/Gun/Gu shall file a report with the head of the Gu.

Nevertheless, the Defendant obtained approval to use the first and second floors of the building as a neighboring residential facilities around March 30, 2016. However, on May 2016, the Defendant changed the use of the first and second floors of the building to the residential business facility group without reporting it to the competent administrative agency around around May 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a public official statement;

1. Building ledger;

1. The application of Acts and subordinate statutes to the investigation report (13) at least once;

1. Article 108 (1) and Article 19 (2) 2 of the Building Act concerning facts constituting a crime;

1. Selection of a selective fine for punishment (such as: (a) the fact that the defendant misleads the defendant; (b) has no criminal history; and (c) the change of the purpose of use has been restored to the original state);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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