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(영문) 대구지방법원 안동지원 2017.07.11 2017고정19
건축법위반
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Defendant shall be punished by a fine of two million won.

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

Reasons

Criminal facts

On April 24, 2013, the Defendant issued a certificate of completion of the construction report to construct 65 square meters of warehouse facilities within the conservation management area located in B in a permanent residence.

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

However, the Defendant reported from May 2013 to October 201 of the same year that he constructed a warehouse facility of 65 square meters in the above land, and constructed a building without reporting a change in the matters reported, even though it constructed a detached house of 78 square meters differently from the fact.

2. If a project owner intends to use a building after completing the construction work for the reported building, he/she shall file an application for approval of use with the permitting authority, and shall not use the building unless the approval of use is granted.

However, the Defendant completed the construction of the above detached house on October 2013 and used it from that time to that time, but did not obtain approval from the permanent resident Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Article 110 Subparag. 2 of the relevant Act and Article 116 Subparag. 2 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014); Article 111 Subparag. 1 and Article 22 Subparag. 1 of the former Building Act (amended by Act No. 12246, Jan. 14, 201);

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;

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