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(영문) 의정부지방법원 2017.02.09 2016고정1430
건축법위반
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

Any person who intends to change the purpose of a building for which approval for use has been obtained shall obtain permission from, or file a report to, the competent authority, as prescribed by Ordinance of the Ministry of Land,

Nevertheless, without reporting to the competent authority around January 17, 2014, the Defendant, even though being aware of the fact that he/she intends to use a factory of 1,498.78 square meters or a factory of 1,053.16 square meters or more on the said land in Gyeonggi-gun, Gyeonggi-do, by changing the purpose of use to a broadcasting and communications facility for photographing D, he/she shall, with the knowledge of the fact that he/she intends to use the said land and the two factories on the said land, set three buildings, including the said land and two factories on the said land, as KRW 10 million per month and KRW 10 million per month, and D leased the said leased land to D, from April 2015 to January 2016, it changed the purpose of use to a broadcasting and communications facility for photographing two factories on the said land.

Accordingly, the defendant, in collusion with D, changed the use of two factories to broadcasting and communication facilities without reporting the change of use to the competent authorities.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Reporting on the preparation of a charge book, report on the current status of buildings in violation, agreement on the lease of a side acid, and record book;

1. Application of Acts and subordinate statutes to a report on investigation (report appended to a building ledger);

1. Article 110 Subparag. 1 and Article 119(2) of the former Building Act (Amended by Act No. 13785, Jan. 19, 2016); Article 30 of the Criminal Act; the selection of fines, and the selection of fines, respectively, for criminal facts

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. On August 30, 2016, the grounds for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order were completely restored to the original state. On or around August 30, 2016, the Defendant had no record of criminal punishment other than punishment of a fine of KRW 500,000,00 for the crime of giving bribe on or around 193, the Defendant did not have any record of criminal punishment, the circumstances of the instant case,

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