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(영문) 대전지방법원 논산지원 2014.02.14 2013고정265
건축법위반
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The defendant is the owner of building B on the ground of Chungcheongnam-gun.

1. A person who intends to construct an unauthorized building shall obtain permission from the competent authority. However, on March 2010, the Defendant constructed each brick structure of light 72.06 square meters of the area to be used for housing on the rooftop of the building and 32.05 square meters of the size to be used on the rooftop of the building without permission from the competent authority.

2. A person who intends to build a non-reported temporary building shall start the construction of a temporary building after reporting to the competent authority, but the Defendant did not report to the competent authority and constructed a container structure with a size of 18 square meters on the rooftop and the first floor of the building to use it for a warehouse around March 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes to the accusation, the current status of building in violation, photographs of current status, and copies of floor plan;

1. Article 108(1) and Article 111(1) of the former Building Act (amended by Act No. 9770, Jun. 9, 2009 and enforced July 1, 2010) (amended by Act No. 9770, Jul. 1, 2010); Article 111 subparag. 1 and Article 20(2) of the same Act (amended by Act No. 111 subparag. 1 and 20(2) (the occupation of constructing non-reported temporary buildings)

1. The former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of added-up of amounts) of the Criminal Act among concurrent crimes;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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