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(영문) 의정부지방법원 2016.03.25 2015고단2750
건축법위반
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

Any person who intends to change the purpose of use of a building belonging to the neighboring living facility group into a building belonging to the business facility group shall obtain permission from the Special Self-Governing Province branch or the head of a Si/Gun/Gu as prescribed by Ordinance of Ministry of Land

Nevertheless, on January 201, the Defendant: (a) obtained permission to operate the “C building,” a building located in Yangju-si B without permission from the Yangju-si market; (b) changed the use of approximately KRW 506.73 square meters, which is an accommodation facility belonging to the Gun; and (c) on July 2011, the Defendant changed the use of the “E building,” a building located in D, without permission from the Yangju-si market, to a lodging facility belonging to the Gun; and (d) on the aggregate of approximately 19.04 square meters, approximately 19.04 square meters, approximately 676.59 square meters, approximately 1, and 230.19 square meters, which is the sum of approximately 1, 230.19 square meters, which is the aggregate of the 1,2300 square meters, as well as the 2nd neighboring neighboring residential facilities, as a lodging facility belonging to the Gun.

Accordingly, from January 201 to July 201, the Defendant changed the use of the total of 1,612.55 square meters of buildings permitted as Class 1, 2 neighborhood living facilities without permission of the two weeks market.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A written accusation;

1. Application of Acts and subordinate statutes to the investigation report, location map, on-site photographs, certificate of land use plan, and building ledger;

1. Article 110 Subparag. 1 and Article 19 Subparag. 2 of the former Building Act (Amended by Act No. 11690, Mar. 23, 2013); the selection of each fine for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the confession and rebuttal of the instant crime, the Defendant’s primary crime, the alteration of use after the instant crime, the Defendant’s age, sexual conduct, the circumstances and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., as shown in the records and arguments.

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