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(영문) 수원지방법원 2018.06.19 2018고단2302
건축법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Criminal facts

A project owner or contractor who intends to construct or repair a building shall obtain permission from the competent authority.

Nevertheless, the Defendant, as the owner of a multi-family house with the fourth floor and a building (266 square meters in a site area, 158 square meters in a building area, and 398.88 square meters in a building with the second class neighborhood living facilities located in the Sinsung City, which is an urban area (the Class 1 general residential area) and the second class neighborhood living facilities (266 square meters in a building site area, 158 square meters in a building area, 39.8 square meters in a total area). From May 19, 2016 to December 2016, the Defendant repaired the two-story household with the second class two households with the fourth and the third class two households with the fourth class household without the permission of the competent administrative agency.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, current status of violations, written approval for use, etc.;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (verification of urban areas);

1. Article 108(1) and Article 11(1) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter “former Building Act”) regarding criminal facts and the selection of punishment for imprisonment.

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2006); Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2008Da

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