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(영문) 수원지방법원 성남지원 2017.06.14 2017고정301
건축법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant, upon obtaining permission from the Gwangju City Mayor on March 2010, is a building owner who constructs three-story detached houses with a total floor area of 305.17 square meters on a site located in Gwangju-si, Gwangju-si.

(a) Where the owner desires to modify the design of a building, he shall obtain a permit for the modified design from the competent authority;

Nevertheless, on August 11, 2016, the Defendant changed from a detached house to a multi-family house without permission by extending the 2nd floor of 14.18 square meters and the 3rd floor of 28.56 square meters and the 42.74 square meters of 3rd floor to a multi-family house without permission.

(b) No project owner shall use or allow another person to use a building unless he/she has obtained approval for use from the competent authority;

Nevertheless, the defendant did not obtain approval from the competent authority for the use of a building, and since August 2015, the defendant occupied the above building (house) and used it without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A photograph of a house, a copy of the register, and a power of attorney of citizens;

1. Application of supervision regulations, on-site surveys, and design drawings and subordinate statutes;

1. Relevant Article 110 subparagraph 2 of the Building Act, Articles 110 and 16 (1) of the Act on the Selection of Punishment, Article 110 and Article 110 subparagraph 2 of the Building Act, Article 110 and Article 22 (3) of the Building Act, and the selection of fines for a crime;

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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