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 a person who engages in automobile maintenance business under the trade name of "C" in Gwangju Northern-gu B.
1. Where it is intended to change a residential facility to a motor vehicle maintenance facility, it shall obtain permission from the head of the Gu;
Nevertheless, the Defendant, without obtaining permission from the head of the Gu on November 25, 2012, opened a house in the name of 99.7 square meters in the name of the Defendant’s wife D constructed in Gwangju North-gu, Gwangju-gu, which is located in the urban area, and changed the use into the car repair store by using a general steel frame, etc.
2. To extend a building, a report shall be filed with the head of the Gu.
Nevertheless, on November 25, 2012, the Defendant, without reporting to the head of the Gu, expanded a building of 6.76 square meters in size for warehouse use by using the assembly-type panel on the first floor of the building in the name of the Defendant’s wife D.
Summary of Evidence
1. Defendant's legal statement;
1. Urging to correct illegal buildings and notifying the imposition of charges for compelling compliance;
1. Application of Acts and subordinate statutes to each illegal building photograph;
1. Relevant Article of the Act on Criminal Facts, Articles 108 (1) and 19 (2) 1 of the Building Act (unauthorized alteration of use, selection of fines) concerning the selection of a punishment, and Articles 111 subparagraph 1 and 14 (1) 1 of the Building Act (the extension of a report);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are without the same criminal history of the defendant, it is difficult to say that there is no criminal history of the defendant, the charges for compelling the performance and fines are different in nature, and thus, cannot be exempted from criminal punishment solely on the ground that the charges for compelling the performance are imposed. As long as the defendant places a car repair in the building of this case, there is no way to combine the illegally altered building; even though the charges for compelling the performance have been imposed twice, the removal of the illegally extended building of this case has not yet been made; the illegally altered part and the size of the illegally