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(영문) 인천지방법원 부천지원 2013.03.27 2012고정2177
건축법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, together with wife B, is the owner of a retail store and multi-family house (four households) in Seocheon-si, Seocheon-gu, Seocheon-gu, Seoul, a district unit planning zone, and has obtained construction permission on April 18, 201 and approval for use of a building on October 27, 201;

1. On February 9, 2012, in violation of the National Land Planning and Utilization Act, in order to construct a building or to alter the purpose of use of a building in a district unit planning zone at the said place, construction or alteration shall be made in conformity with the said district unit planning, and C site on the district unit planning in an influence district unit planning shall be constructed not more than four households with a building permit. However, in violation of this, the boundary walls between multi-family households have increased to six households by expanding

2. A person who intends to increase or dismantle a boundary wall between multi-households of a building with a total floor area of not less than 200§³ and not less than three stories in violation of the Building Act shall obtain permission for large-scale repair, but in violation of this, he/she shall have two households with three floors, and one household with four floors without permission for large-scale repair shall have two households with two households with two households without permission, and

3. A person who constructs a building in violation of the Parking Lot Act shall establish an annexed parking lot within the facility or on the site thereof, but a building permit has not secured at least one parking lot per household due to an increase in the number of six households, after obtaining four households.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A written accusation;

1. The ordinary building ledger;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (application for building permission and receipt of building use approval);

1. Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act concerning criminal facts, Article 141 of the relevant Act, Articles 108 (1) and 11 (1) of the Building Act, Articles 29 (1) 1 and 19 (1) of the Parking Lot Act, the selection of fines;

1. Article 37 of the Criminal Code among concurrent crimes.

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