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(영문) 청주지방법원 충주지원 2017.06.14 2017고정37
주택법위반등
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

The defendant is the owner of No. 101 and No. 102 in the commercial building in the Chungcheong City B complex.

1. Although an occupant, user, or management entity of an apartment building violating the Housing Act has to obtain permission or file a report with the competent Mayor in order to use apartment houses for purposes other than those under the project plan, the Defendant used a corridor of 13.95 square meters, which is the common areas of 101, 102, and 105 square meters, around February 2015, without obtaining permission or filing a report.

2. Around February 2015, the Defendant reported in advance to the head of the competent Si/Gun/Gu where the sum of the floor areas in violation of the Building Act is less than 85 square meters, but the Defendant extended one warehouse with an aggregate floor area of 15.45 square meters out of 101 square meters of the above commercial building, and extended one room with an aggregate floor area of 3.85 square meters out of 105 square meters of the above commercial building.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Each business trip report;

1. Current status of illegal buildings in a B complex, current status of expansion of the section for common use of B, and ground plan of the first floor underground;

1. Application of Acts and subordinate statutes to the aggregate building register and certificate for all registered matters;

1. Article 98 Subparag. 6 and Article 42(2)1 of the former Housing Act (wholly amended by Act No. 13805, Jan. 19, 2016); Article 111 Subparag. 1 and Article 14(1)1 of the former Building Act (wholly amended by Act No. 14016, Feb. 3, 2016);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is to determine the punishment as ordered in consideration of the fact that the defendant voluntarily removed the unauthorized alteration of use and extension after the prosecution of this case, and that the defendant has no criminal record of the same kind.

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