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(영문) 인천지방법원 부천지원 2015.11.26 2015고단2954
건축법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual owner of a building in Kimpo-si B.

1. A person who intends to repair a building in an urban area with no permission shall obtain permission from the competent authority;

Nevertheless, on March 2012, 2012, the Defendant, without permission, repaired the building by expanding the boundary walls of the building from 2 households to 6 households, 3rd households from 1 to 6 households, and 4th households from 1 household to 6 households.

2. Where the total floor area of the extension of which is not reported does not exceed 85 square meters, a report shall be filed with the competent authority;

Nevertheless, on March 2012, the Defendant, without reporting, extended the 22.09 square meters by expanding the 6.7 square meters of the second floor, the 4th floor, and the 22.09 square meters of the 4th floor.

Summary of Evidence

1. Defendant's legal statement;

1. The filing of an accusation, correction of the details of accusation, family relation certificate, full certificate of registered matters, and application of building statutes;

1. Relevant provisions of the Building Act concerning criminal facts, Articles 108 (1) and 11 (1) of the Building Act for the selection of punishment (unauthorized substantial repair), subparagraph 1 of Article 111 of the Building Act, and Article 14 (1) 1 of the Building Act for the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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