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(영문) 인천지방법원 부천지원 2019.09.26 2019고정385
건축법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of a house and warehouse building constructed in Kimpo-si B.

1. A project owner who intends to change any reported matter shall report it to the head of the Si, etc. before such change;

On May 2018, the Defendant built “one single-story building (total floor area: 85.56 square meters)”, which was a building report on the foregoing index, as two buildings (one-story housing unit: 150.46 square meters, one-one-one unit of single-story warehouse: 85.56 square meters), and started construction without reporting any change.

2. No project owner may use or allow anyone to use a building unless he/she has obtained approval for use;

Around December 2018, the Defendant moved into two buildings constructed without obtaining approval for use as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to change the use of each building or large repair report;

1. Article 110 subparagraph 2 of the Building Act, Article 110 and Article 22 (3) of the Building Act (the use of a building without obtaining approval for use), Article 111 subparagraph 1 of the Building Act, Article 111 and Article 16 of the Building Act, and the selection of fines, respectively, 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the defendant's error in sentencing, and it is stated that the moving-in prior to obtaining approval for use does not coincide with the date of the previous house and the director's moving-in inevitably.

However, there is no reason to understand the reason why one building was constructed without reporting a construction change, and the defendant has made a report of change around December 2018. Considering the fact that the period of violation has considerably long, the sentencing cases of similar cases, etc., the amount of fine under the summary order seems to be appropriate, and the punishment is determined like the order.

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