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(영문) 대구지방법원 서부지원 2019.09.18 2019고단850
건축법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

The Defendant is an operator of “C” in the Gyeong-gun, Seongbuk-gun, and 13 parcels.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu

Nevertheless, around 2016, the Defendant had connected one warehouse with a pipe structure with a floor area of 289.8m2 without obtaining permission from the competent authorities, and had extended the total floor area of affiliated warehouses and stables over three times from around 2017 to around March 2017, as indicated in attached Table 1-3, from around 2017.

2. Any person who violates the Building Act shall, when he/she constructs a warehouse with a total floor area not exceeding 200 square meters, a stable or crop cultivation shed with a total floor area not exceeding 400 square meters, a seed cultivation facility, a facility for cultivating seedlings, a flower, or a pot, etc. in an Eup/Myeon area to operate agriculture or fisheries, file a report thereon with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si

Nevertheless, around 2015, the Defendant constructed 2 affiliated warehouses with a total floor area of 44 square meters on two occasions, such as the annexed list No. 4 and 5 attached hereto, from around that time to March 2017, without reporting by the competent authorities, and without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written accusation;

1. A description of the current status, photographs and current status, on-site photographs of illegal buildings, and outline of the non-violationed items;

1. Application of the current status of each building register and building, land cadastre or forestry register, a certified copy of cadastral map or forestry map, a certificate of land use plan, and statutes;

1. Relevant Article of the Act on Criminal Crimes and the former Building Act, which provides for the choice of punishment, shall be amended by Act No. 14792, Apr. 18, 2017.

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