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(영문) 대전지방법원 천안지원 2014.11.21 2014고단1169
건축법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Criminal facts

1. Any person who intends to construct or repair a building on a large scale shall obtain permission from the competent administrative agency;

Nevertheless, on October 2, 2011, the Defendant started construction around October 17, 201, and obtained approval for use on or around October 17, 2012, without obtaining permission for a four-story building of the total floor area of 535.73 square meters in ASEAN B. From the end of November 2012 to the end of December 2012, the Defendant made a wall to remove the door of the school living room and made a separate building of the toilet, kitchen, and the outside entrance, etc., with three-story households of 142.5 square meters in 7, three-story households of 138.72 square meters in 138.72 square meters in 7 and three-story households of 138.72 square meters in 138.72 square meters in 7 households in multi-family houses for multi-family houses of 21 households in 9 households.

2. No person who violates the Parking Lot Act shall build or install any facilities without establishing an annexed parking lot, in violation of the provisions of the relevant Acts and subordinate statutes;

Nevertheless, in the process of repairing the multi-family house of 9 households into 21 households, such as the date, time and place described in the above paragraph (1), the Defendant did not establish a 0.7 parking lot for 12 households added due to large-scale repair, even though 0.7 parking lot for each household should be installed.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to field investigations of violated buildings;

1. Article 108 (1), Article 11 (1) of the Building Act, Article 29 (1) 1, Article 19 (1) of the Parking Lot Act, and the selection of fines for each offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing of Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse is an unauthorized large-scale repair, the area of an unregistered annexed parking lot, the shortage of safety and parking lot caused by the illegal large-scale repair works, the circumstances and methods of the unauthorized large-scale repair works, the criminal records of the defendant, whether the defendant has endeavored to restore to the original state, and administrative sanctions such as enforcement fines to be received by the defendant.

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