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(영문) 대구지방법원 상주지원 2013.09.24 2013고정70
건축법위반
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Any person shall report to the competent authority in advance on the extension, renovation, or reconstruction of a building, the total floor area of which does not exceed 85 square meters, and the maximum building-to-land ratio (the ratio of the building area to the site area) shall comply with the standards under the National Land Planning and Utilization Act, and the statutory building-to-land ratio in green areas among urban areas shall not exceed

The Defendant, while operating a craft product store in B 400 square meters in a permanent residence, constructed a building with approximately 80 square meters in a warehouse, approximately 50 square meters in a warehouse, and approximately 7.5 square meters in a warehouse on the said site. On July 2008, the Defendant extended a single-story warehouse with a total building area of approximately 26 square meters in a prefabricated panel, etc. without filing a report with the competent authority on the said site, which is a green area among urban areas, and constructed a building in violation of the statutory building-to-land ratio.

Summary of Evidence

1. Statement by the defendant in court;

1. Court rulings;

1. Current status of regional designation;

1. Application of Acts and subordinate statutes to photographs of each violated building;

1. Article 108(1) and the main sentence of Article 55 of the former Building Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same shall apply); Article 111 Subparag. 1 and Article 14(1)1 of the former Building Act concerning criminal facts

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (a prosecutor shall be deemed to be a substantive concurrent relationship, although he/she was prosecuted for an ordinary concurrent relationship);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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