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(영문) 수원지방법원 2013.11.20 2013고단3947
건축법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the defendant shall be 80.

Reasons

Punishment of the crime

The defendant is the owner of multi-family housing in Suwon-si, Suwon-si C.

1. A person who intends to make a large-scale repair that expands the number of households of multi-family housing within an urban area with no permission shall obtain a building permit from the competent authority;

Nevertheless, on July 201, the Defendant made a large-scale repair without obtaining a building permit from the competent authority, by extending a total of seven households by five households, such as a house of 26.47 square meters on the ground of the said multi-family housing, a house of 126.47 square meters on the ground, a house of 3rd floor, a house of 126.47 square meters on the ground, and a house of 122.85 square meters on the ground to three households.

2. Any person who intends to change the use of a non-reported building from a neighborhood living facility to a residential purpose shall file a report on the change of use with the competent authority.

Nevertheless, on July 201, the Defendant changed the use of 157.08 square meters on the ground of the above multi-household housing from the neighborhood living facilities (office) to the residential purpose without reporting the change of use to the competent office.

3. A person who intends to extend the total floor area of an extension not reported within 85 square meters shall file a report with the competent authority.

Nevertheless, on July 201, the Defendant, without reporting to the competent authority, installed a new and favorable door in the stairs room of 11.62 square meters on the ground of the said multi-family housing, without reporting to the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to a written accusation, ledger of building in violation, photograph of building in violation, and report on investigation results;

1. Relevant provisions of the Building Act and Articles 108 (1) and 11 (1) of the Building Act (unauthorized substantial repair, Selection of fines), Articles 108 (1) and 19 (2) 2 of the Building Act (unreported changes in use, Selection of fines), Articles 111 subparagraph 1 of the Building Act and Article 14 (1) 1 of the Building Act (unreported changes in use, and Selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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