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(영문) 인천지방법원 2013.12.19 2013고정4225
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of the building of five households with a multi-family house above one parcel, except in Socheon-gu, Seocheon-gu, B.

No building owner may use or allow another person to use a building unless he/she has obtained approval for use from the competent administrative agency.

Nevertheless, the Defendant, without obtaining approval for use from the competent administrative authority from June 2, 2012 to October 16, 2013, leased the said multi-family house of KRW 202 to C with KRW 80 million, and leased the said multi-family house of KRW 102 from June 15, 2012 to October 16, 2013, respectively, to D with KRW 80 million.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 110 subparagraph 2 of the Building Act and Article 22 (3) of the Act on the Selection of Punishment for Criminal Facts;

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

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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