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(영문) 수원지방법원 성남지원 2016.03.24 2015고단3011
건축법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of three consents for the cultivation of land and one lot outside Gwangju City, and for the growth of mushrooms on the ground.

1. Any person who intends to alter the use of a building, the use of which has been approved, shall obtain permission from, or report to, the competent authorities;

Nevertheless, on December 9, 2008, from around December 31, 201 to December 31, 2014, the Defendant, without reporting to the competent authority, leased three buildings constructed with permission for growing mushrooms of a size of 1,134 square meters in total area on the above C and one parcel, and had the lessee use them as a general warehouse, store, vehicle parts shop, etc.

2. Any person who intends to construct or repair a building without permission shall obtain permission from the competent authority;

Nevertheless, on August 2013, without obtaining permission from the competent authority, the Defendant extended the store structure warehouse of 7.36 square meters in size, and the building structure office of 3.28 square meters in size to the “Dadong,” around 2013. On February 2014, the Defendant extended the store structure of 35.10 square meters in size to the “Dadong,” and extended the store structure of 51.3 square meters in the “operation” of the mushroom growing company around March 2014.

3. Any person who intends to erect a temporary building without filing a report shall file a report thereon with the competent authorities;

Nevertheless, the Defendant, without filing a report on the construction of a temporary building with the competent authority on August 2013, 201, 27 square meters of office containers with a size of 27 square meters and 9 square meters of storage containers with a size of 27 square meters in the “Dadong,” a five cultivation shed, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. A H statement;

1. Investigation report ("C" and the current status of the building additionally attached);

1. A written accusation;

1. Application of Acts and subordinate statutes to a field survey report on a building in violation of statutes;

1. Relevant legal provisions and the former Building Act (amended by Act No. 12968, Jan. 6, 2015) regarding criminal facts.

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