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(영문) 부산지방법원 2015.02.03 2014고정4985
건축법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 19, 2014, the Defendant was sentenced to a suspended sentence of one year for six months in the Busan District Court for fraud, and the judgment was finalized on the 27th of the same month.

The defendant is a contractor of D in Busan Seo-gu C.

Where a project owner intends to change any permitted matter pursuant to the Building Act, he/she shall obtain permission from the permitting authority before such change is made.

On October 12, 2010, the Defendant obtained a building permit from the head of Busan Island with the third floor, the building area of 221.61 square meters, and a religious facility (a religious assembly site). From January 201 to April 2014, the Defendant modified the permission without the permission of the permitting authority by constructing a building of 348.92 square meters in violation of the said permission.

Summary of Evidence

1. The defendant's legal statement (on the second date);

1. Police suspect interrogation protocol regarding E;

1. Investigation report (F telephone call for reference);

1. Results of the survey on cadastral status quo, drawing of the original permission, drawing of the building permit, contract document, business registration certificate, building drawing, building report, acceptance of a building report, written consent for use of site, content certification, notification of non-prosecution, standard contract for the design of the building, records of non-prosecution, and written decision on non-prosecution;

1. A building photograph;

1. Division: Application of case search and judgment-related Acts and subordinate statutes;

1. Article 110 subparagraph 2 of the Building Act, Article 110 and Article 16 (1) of the Building Act, the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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