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(영문) 대전지방법원 2017.05.19 2016고정1138
주차장법위반등
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

1. A person who intends to extend, remodel, or rebuild a building with not less than 1/10 of the total floor area of not less than 3 floors in violation of the Building Act shall file a report with the competent authority;

Nevertheless, on January 2013, Defendant A extended the 12.1 square meters of a 4-story building on the ground of the size of 773.65 square meters above the ground surface (hereinafter “the instant building”) 773.65 square meters, upon C’s request, by means of expanding the balcony of the 4th floor above the ground surface, and around February 2013, Defendant A extended the 14.87 square meters of a residential facility located in the 2nd floor of the instant building to a transparent plastic board on the parking lot of the 14.87 square meters in the 14.87 square meters in a residential facility located in the 2nd floor of the instant building. On March 2013, 2013, Defendant A extended the 4.5 square meters of a steel framed in the instant building’s outer wall.

Accordingly, the Defendant did not report to the competent administrative agency in collusion with C, and extended a building with the total floor area of 77.36 square meters or less, which is 1/10 of 773.65 square meters or less, in collusion with C.

2. No person who violates the Parking Lot Act shall use any attached parking lot for any purpose other than a parking lot;

Nevertheless, around July 2013, Defendant A established a small store selling malicious products to customers using the Gohap Team in three parts of the number of 34 square meters of parking spaces located on the second floor of the instant building, which is 69 square meters of a large-scale parking lot located on the 2nd floor of the instant building.

Accordingly, the defendant used the attached parking lot for the purpose other than the parking lot.

Summary of Evidence

1. The defendant's legal statement (limited to the violation of the Building Act);

1. Each legal statement of the witness C, F, G, H and I;

1. Each accusation;

1. Application of evidential data, evidential data, and statutes to the unauthorized extension;

1. Article 112(3), Article 111 subparag. 1, and Article 14(1)1 of the Building Act, Article 30 of the Criminal Act, Article 29(1)2, and Article 19-4(1) of the Parking Lot Act (amended by Act No. 12701, May 28, 201) regarding criminal facts.

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