logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.01.13 2016고정3372
건축법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is the actual owner of a factory building of 2-story D Co., Ltd. with a total floor area of 334.04 square meters in general steel structure located in Dong-gu Incheon Metropolitan City, which was reported on March 29, 2013.

1. A project owner who intends to change a permitted or reported matter shall report to the head of the competent Si/Gun/Gu before such change is made;

Nevertheless, on May 2015, the Defendant, without reporting to the competent authority, changed the roof board from 175T to 125T, the second floor from the DPL concrete to the steel board, and the columns and beams from h-300 x 300, H-450 x 200, H-400 x 200 x 200 x h-300 x 150 ; “breadth x length x height x x x 20 x 20 x 20 x 20 x 20 m” from “8 x 20 x 20 m20 m2; the two floor area of the second floor from 160 mix to 80 mix, mix, mix, and installed the steel mix as “snick,” which was installed in the inside stairs.

2. No project owner who has failed to obtain approval for the use of a building shall use the building or use it unless he/she obtains approval for the use from the competent authority;

Nevertheless, on May 2015, the Defendant moved the above building into the factory of the company without obtaining the approval of the use of the competent administrative agency after completing the construction by modifying the design and completing the construction as stated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article of the Building Act, Article 111 subparagraph 1 of the same Act, Article 16 of the Building Act, Article 110 subparagraph 2 of the same Act, Article 22 (3) of the Building Act, and the selection of fines, respectively, for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow