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(영문) 인천지방법원 부천지원 2016.04.21 2016고단560
건축법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2016 Highest 560]

1. A person who intends to repair a building with no permission, such as expanding a bearing wall for construction, shall obtain permission from the competent authority;

Nevertheless, in order to increase the rent revenue, the Defendant had the mind to open the so-called “studio-level system”. From January 2015 to May 2015, the Defendant divided the two floors from two households to five households, the three floors from one household to five households, and the four floors from one household to five households, by installing a bearing wall in Kimpo-si B without obtaining permission from the competent administrative agency.

2. A person who intends to extend, remodel, or rebuild a floor without filing a report, the total area of which does not exceed 85 square meters shall file a report with the competent authority;

Nevertheless, the Defendant extended the residential space of the floor area of 30.78 square meters in total without reporting to the competent authority at the date and place specified in paragraph (1).

[2016 Height 678] A person who intends to repair a building on a large scale, such as expanding a bearing wall, shall obtain permission from the competent authorities.

Nevertheless, in order to increase rent revenue, the Defendant had the mind to open the so-called “studio-level college”, and on February 2016, in the building owned by the Defendant in Kimpo-si, Kimpo-si, the 2nd floor was divided from 2 households to 6 households, from 2 households to 6 households, from 3 floors from 2 households to 6 households, and from 1 household to 6 households, the 4th floor was divided from 6 households.

Summary of Evidence

[2016 Highest 560]

1. Statement by the defendant in court;

1. The written accusation, investigation report on actual conditions of the building in violation, site photographs, building ledger, and current status of the building [the top 678];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the accusation book, investigation report on actual condition of a building in violation, field photographs, and building ledger;

1. Relevant provisions of the Building Act and Articles 108 (1) and 11 (1) of the Building Act (unauthorized occupancy and large-scale repair) for criminal facts, and Articles 111 subparagraph 1 and 14 of the Building Act for the selection of punishment (a point of extension of report without permission);

2. Article 37. Aggravation of the Criminal Code

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