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(영문) 수원지방법원 성남지원 2017.04.26 2016고단4155
건축법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Suwon Franchising Methods Board, and the said judgment became final and conclusive on October 22, 2016.

1. A person who intends to construct or repair a building shall obtain permission from the competent authorities;

Nevertheless, on September 2014, the Defendant divided the 1st basement, the 4th floor above ground, and the 554.15th floor area into the 4th floor of the steel-structured concrete structure slope of the 554.15th square meters into a household in Seongbuk-gu, Seongbuk-gu, Sung-gu, Seoul with the approval of use for the purpose of enabling the rental of a household by dividing the 143.57 square meters of the 2nd floor into a household, the 3rd floor into three households, the 143.57 square meters of the 3rd floor into three households, and the 90.4 square meters of the 4th floor into two households, and the 9th floor above the 1st floor into a light-line panel (san), without the permission of the competent administrative agency.

Accordingly, the defendant extended a building without obtaining permission from the competent authorities and arranged the number of buildings.

2. Any person who intends to alter the purpose of use of a building, the use of which has been approved, shall report it to the competent authorities;

Nevertheless, on September 2014, the Defendant changed 70 square meters of living facilities near the first basement of a single house as stated in paragraph (1) to the residential purpose without reporting it to the competent authority.

3. A project owner who constructs a building in a site the area of which is at least 200 square meters shall conduct landscaping of the site or take other necessary measures in accordance with the standards prescribed by municipal ordinance of the relevant local government according to the use area and building scale

Nevertheless, the Defendant, on November 2014, should maintain the landscaping of the housing (land size of 332 square meters) as stated in paragraph (1) on at least 10% of the site area, but cut and damaged the landscape gardening of 51.48 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, on-site photo, and full certificate for registered matters;

1. A letter of business trip, a letter of business trip, and a statement of opinions;

1. Copies of the building permit drawings and copies of opinions of accusation public officials;

1. Previous convictions: Inquiry of criminal history and investigation reports (the latter part of Article 37 of the Criminal Code of the suspect A).

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