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(영문) 수원지방법원 2013.09.25 2013고정2083
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

The defendant is the owner of a building of Class 2 neighborhood living facilities of Class 5 on the ground of a general residential area located in Suwon-si B.

Where the sum of the floor area is to be extended within 85 meters, it shall be reported to the Mayor in advance, and a person who intends to change a group of neighborhood living facilities to a residential business facility group shall report to the Mayor.

Nevertheless, on October 2012, the Defendant extended the period of 14.82m of the first floor on the ground of the Defendant's building and the period of 27.9m of the roof tower to the Defendant's second floor on the ground of the building without filing a report on the change of the use to two households of the housing without filing a report on the change of the period of 95.41m of square meters on the ground of the second floor on the ground of the building

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The accusation book, the ordinary building ledger, and the current status map of the building;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 108 (1) and 19 (2) 2 of the Building Act (unreported alteration of purpose of use, selection of fines) concerning the selection of punishment, and Articles 111 subparagraph 1 and 14 (1) 1 of the Building Act concerning the construction of applicable law for criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount is aggregated);

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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