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(영문) 대전지방법원 천안지원 2013.11.29 2013고정1037
건축법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. A person who intends to build a building without permission shall obtain a building permit from the head of the competent administrative agency;

Nevertheless, on September 2008, the Defendant constructed a building with the 1st floor area of 518.96 square meters on the ground of the pipe structure in Gasan-si, Asan-si, Gasan-si.

2. Where a building with a total floor area of less than 200 square meters and less than three floors is constructed in a control area, agricultural and forest area, or natural environment conservation area designated under the National Land Planning and Utilization Act, a report shall be filed in advance with the head of the competent administrative agency;

Nevertheless, on May 2010, the Defendant constructed 1st floor area of the pipe structure, 96 square meters on the ground, 1st floor area of the ground, 40 square meters on the ground, and 24 square meters on the ground, respectively, in Asan-si, an agricultural and forest area under the National Land Planning and Utilization Act, in Asan-si, an agricultural and forest area under the National Land Planning and Utilization Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Accusation by each violator of the Building Act;

1. Each satellite photograph;

1. Promotion of correction of the violated building and order to correct the violated building;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Subparagraph 1 of Article 110 of the Building Act, Article 111 (1) of the same Act for criminal facts (unauthorized construction and fine) and subparagraph 1 of Article 111 of the Building Act, and Article 14 (1) 2 of the same Act for the relevant criminal facts (the points of construction without reporting);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

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

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