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(영문) 대전지방법원 천안지원 2015.03.26 2015고정94
건축법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “C” motor vehicle maintenance business located in Dong-gu, Nam-gu, Seoul.

1. Where the sum of floor areas is extended by not more than 85 square meters, a report shall be filed with the head of the Gu;

Nevertheless, the Defendant, without filing a report on July 201, set up a steel pipe structure in order to use it for the maintenance factory within the “C” located in the Dong-gu, Nam-gu, Dong-gu, Chungcheongnam-gu, 201, and extended a building on a size of about 22.80 square meters by covering the roof of the board.

2. A person who intends to build a temporary building at the workplace of a tent structure, etc. shall commence construction after reporting to the head of the Gu in accordance with the procedures prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report, built a steel pipe structure in order to use it for the workplace at the same time and place as the above “A”, and built a temporary building in approximately 81.90 square meters in a size covered by the board roof.

3. A person who intends to use a container or a temporary building similar thereto as a temporary warehouse shall commence construction after reporting it to the head of the Gu in accordance with procedures prescribed by Presidential Decree;

Nevertheless, the Defendant, without filing a report, built a temporary building of container structure in the area of approximately 18.00 square meters in order to use it for temporary storage at the same time and place as the above paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Entry of a written accusation against the offender, such as the Building Act;

1. Application of layout drawings and video-related Acts and subordinate statutes to field photographs;

1. Subparagraph 1 of Article 111 of the Building Act, the main sentence of Article 14 (1) 1 of the Act on the Construction of Relevant Acts concerning facts constituting an offense (the point of extension of a report), and subparagraphs 1 of Article 111 of each Building Act, and Article 20 (3) of each Building Act (the point of construction of a temporary building

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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