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(영문) 의정부지방법원 2018.05.31 2018고정264
건축법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who engages in the business with the trade name of “D” in Gyeonggi-gu C and 1 parcel, and Defendant B is a person who engages in the business with the lease of 7 guest rooms from “D”.

1. Defendant A

(a) 1) Any person who intends to change the use of a building, the use of which has been approved for the use of which has been permitted, into a higher military purpose, shall obtain permission from the competent authorities;

The Defendant, without obtaining permission from the competent authority on June 5, 2014, from around July 21, 2017 to around July 21, 2017, used a total of 272.37 square meters, such as a single house of 103.47 square meters per unit, and a single house of 103.47 square meters per unit of a residential business facility, for a single house of 103.47 square meters in a single house of 2 168.9 square meters, for a higher military business facility.

2) A person who intends to construct or repair an extension building without permission must obtain permission from the competent authorities.

On April 2016, the Defendant, without obtaining permission from the competent authority, extended a total of 540 square meters as shown in the attached Table 1 sheet of crime, such as extending accommodation facilities (rest concrete) 150 square meters per floor and accommodation facilities (rest concrete), 150 square meters per 150 square meters, at the same place of business on the early night.

3) Even a building subject to permission for extension shall be deemed to have been granted a building permit, if the total floor area is less than 200 square meters in a control area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act and is less than three stories and if the building constitutes construction of a building with less than three floors, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport,

The Defendant did not report to the competent authority on June 5, 2014, and constructed 30 square meters of accommodation facilities (refinite concrete) 2 and 2 guest rooms at the same place of business, which is a conservation management area around the border on the same day. From that time to December 2, 2016, the Defendant extended a total of 214.25 square meters from that time, such as the part of the attached crime inundation 2.

(b) Any person who intends to conduct public sanitary business in violation of the Public Health Control Act shall report to the competent administrative agency;

The defendant shall have jurisdiction over a competent authority.

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