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(영문) 수원지방법원 2017.08.24 2017고정1779
건축법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the owner of a multi-family house with the fourth floor size of the size of 563.94 square meters in the lusium B and the total floor area.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the head of a Si/Gun/Gu;

Nevertheless, on December 2, 2014, the Defendant extended the number of households with bearing walls to 3, 3, 4, and 2 households with four floors by installing separate entrances to the second floor, 2, 3, and 4th floor.

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, even though the Defendant was able to set up a building set forth in paragraph 1 located in the temporary urban area as set forth in paragraph 1, three parking lots attached to the Defendant (seven building approval units) were not installed.

Summary of Evidence

1. Statement by the defendant in court;

1. The general building ledger;

1. Notification of the result of the illegal large-scale repair and unauthorized extension of multi-family houses for a new city of the same coal 1;

1. On-site photographs of the violating building;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the calculation of parking cars under the Parking Lot Act;

1. Relevant legal provisions and Articles 108(1) and 11(1) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Articles 29(1)1 and 19(1) of the Parking Lot Act (which means the installation of an attached parking lot) for criminal facts; and the selection of fines, respectively;

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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