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(영문) 제주지방법원 2017.10.18 2017고정457
건축법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a building owner who is a person running a rural bed and fishing village in the name of “C” in Jeju-si, B, and three lots outside the Jeju-si, and constructed a detached house of the total floor area of 313.2m2m2 on July 14, 2016 (B, 2m2) with permission from the Jeju-si market.

1. On March 28, 2017, the Defendant violated the Building Act, without obtaining approval for use from the Jeju market, provided two bus engineers and two occ who are going to serve customers in B around 20:0 on March 28, 2017, to provide them with accommodation for 101, 102, and 103 on 10:57, April 19, 2017; provided them to 102, 103, 202, and 203 to 15 guests, and provided them with accommodation for 20:0 on 200:0 on April 21, 201.

2. Where it is intended to operate a rural tourism resort business in violation of the Act on the Establishment of Rural Community, it shall file a report with the competent authority on the rural tourism resort business;

Nevertheless, without reporting to the competent authorities of the defendant, the rural tourism resort project was carried out, such as the date, time, and place as described in paragraph 1, at the same time, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. A certificate of completion of the report filed by the rural bed and private gambling business operator;

1. 112 Reporting case handling table;

1. Investigation reports (verification as to whether approval to use a building has been ratified);

1. Application of the relevant photographs and photographs related to accommodation facilities;

1. Article 110 subparagraph 2 of the Building Act, Article 22 (3) of the same Act (the use of a building for which approval for non-use is granted), Article 130 (4) 1, and Article 85 (2) of the same Act for criminal facts (the use of a building for which approval for non-use is granted);

1. Selection of each alternative fine for punishment;

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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