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(영문) 울산지방법원 2017.05.12 2017고정194
건축법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to construct a building or to repair it on a large scale shall obtain permission from the competent authority;

Nevertheless, the Defendant constructed a pipe structure building at approximately 48 square meters in 1 parcel, such as Ulsan-gun B, Ulsan-gun, etc., which is an urban area, without obtaining permission from the competent authorities.

From around that time to May 2014, the Defendant constructed a total of 11 buildings with the permission of the competent authorities in the above area without obtaining permission from the competent authorities, as shown in the attached list of crimes [1] from around that time to around May 2014.

2. A person who intends to erect a temporary building shall commence the construction of the temporary building after reporting to the competent authority in accordance with the retention period, standards and procedures prescribed by Presidential Decree.

Nevertheless, on May 2012, the Defendant constructed a temporary warehouse of approximately 54 square meters, which is a temporary building of steel structure, without reporting to the competent authorities at the places described in the preceding port.

From that time to that time, the Defendant built four provisional buildings in total on two occasions without reporting to the competent authorities in the above area, such as the flag table [2] from that time to that time, and without reporting to the competent authorities in the above area.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of the violation site;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 110 subparagraph 1 of the relevant Act and Article 111 (1) of the Building Act (unauthorized construction, selection of fines) for criminal facts; Article 111 subparagraph 1 of the former Building Act and Article 20 (3) of the former Building Act (the construction of a temporary building on which no report has been filed) [the amount of fine shall be determined, in consideration of the fact that the building is erroneous and contradictory, and the circumstances leading to the crackdown of this case, etc.];

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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