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(영문) 수원지방법원 2017.09.07 2017고정1823
건축법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant

A is the owner of a 4-story detached house (multi-family house) with a size of 448.11 square meters in the floor area in the eternic City B and the total floor area.

1. A person who intends to construct or substantially repair a building in violation of the Building Act shall obtain permission from the competent administrative agency;

Nevertheless, on December 2014, the Defendant, without permission, extended the number of households with 5 units of 2, 2, 3, and 4 to 8 units of 3,3 (23), 4 (23), and 42 (12), by means of installing bearing walls respectively on the second floor, 2, 3, 4, and 4-2 households of the above house.

2. A person who intends to construct or install a building in an urban area pursuant to the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install a parking lot inside such facility or in the site thereof;

Nevertheless, the Defendant installed 7 parking lots without installing as 10 parking lots in large-scale repair of buildings located in urban areas, such as “1” under the preceding Article.

Summary of Evidence

1. Statement by the defendant in court;

1. The general building ledger;

1. Notification of the result of confirmation of illegal large-scale repair and unauthorized extension of multi-family houses;

1. A report on internal investigation (to confirm inside 402 heading and multi-storys);

1. Application of the Acts and subordinate statutes related to the violation of Acts and subordinate statutes on internal investigation and parking;

1. Articles 108(1) and 11(1) (unauthorized large-scale repair) of the former Building Act (Amended by Act No. 14016, Feb. 3, 2016); Articles 29(1)1 and 19(1) (unauthorized installation of an attached parking lot) of the Parking Lot Act for criminal facts;

1. Selection of punishment: Selection of a fine;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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