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(영문) 인천지방법원 2019.11.21 2019고정2094
건축법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Any person who violates the Building Act shall obtain permission from the competent permitting authority or report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu before modifying any building permit

Nevertheless, on August 30, 2017, the Defendant filed a building report on detached housing of brick structure with a building area of 97.28 square meters, and constructed a new building on November 23, 2017, without filing a modified report on the construction report. From around that time to August 2018, the Defendant changed the building area to Class I neighborhood living facilities (retail stores) with a building area of 56 square meters, different from the building report filed between around that time and around August 2018.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor or head of Si;

Nevertheless, the Defendant applied for permission to engage in development activities that change the form and quality of land for ‘the creation of a multi-unit housing site' of 3,498 square meters in the above place, and applied for permission to engage in development activities on November 23, 201 of the same year, but did not obtain permission to change the matters processed for permission to engage in development activities, and conducted development activities that are different from those for permission to engage in development activities from around August 2018.

3. Any person who intends to convert a mountainous district into a mountainous district shall determine its use and obtain permission from the Minister of the Korea Forest Service according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, and also obtain permission to alter permitted matters;

Nevertheless, the defendant applied for permission for conversion of the above place on November 23 of the same year.

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