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(영문) 제주지방법원 2014.11.06 2014고정307
건축법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a 'D cafeteria' in Jeju City.

1. A person who intends to extend a total floor area of not more than 85§³ shall file a report with the competent authority;

Nevertheless, the Defendant did not report to the competent authority, and made two smoking rooms of 9m2, a light-frame structure from March 2009 to April 2009, which are 18m2 (a total of 18m2) in the above restaurant.

2. A person who intends to build a temporary building, etc. shall commence the construction after reporting to the competent authority.

Nevertheless, the Defendant, without reporting to the competent authorities, installed one steel container (area 18 square meters), which is a temporary building, in the cafeteria, at the time and time specified in paragraph (1), and constructed it.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to each airline margin and investigation report (Attachment to a building ledger);

1. Relevant legal provisions on criminal facts: Partial amendment by Act No. 9384 on January 30, 2009

(a) The same shall apply;

No. 111 Item 1, Article 14(1)1 (the point of extension without filing a report), Article 111 Subparag. 1, and Article 20(2) of the former Building Act (the point of construction of a non-reported temporary building)

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act [In regard to the violation of the Building Act due to the extension of report] "building" under the Building Act means a structure settled on land, which has a roof and columns or walls and facilities appurtenant thereto; an office, a performance place, a shop, a garage, or a warehouse installed on an underground or elevated structure; and others prescribed by Presidential Decree (Article 2 (1) 2 of the Building Act]; and "extension" means to increase the building area, total floor area, number of floors, or height of a building on the site where the basic building is located;

(Article 2(1)2 of the Enforcement Decree of the Building Act. On the other hand, the building is a structure settled on the land.

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