Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

A person who intends to extend a building, the total floor area of which does not exceed 85 square meters, shall file a report with the competent authority.

Nevertheless, on September 2017, the Defendant, without reporting to the competent authority, extended the building of 9.6 square meters on the second and third floors of the D church that the Defendant in Seo-gu Incheon, Seo-gu, Incheon, worked as a pastor, using a light-weight steel structure.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation, a written statement of business trip, field photo, etc. [the defendant and the defense counsel are similar to the balcony, and in calculating the floor area pursuant to Article 119(1)3 of the Building Act, the floor area to be included in the total floor area does not constitute a building subject to a building report, since there is no extended part of the floor area to be zero square meters;

The argument is asserted.

Article 2 Subparag. 2 of the Enforcement Decree of the Building Act provides that "extension" means to increase the building area, total floor area, number of floors, or height of a building on the existing site. Article 84 of the Building Act and Article 119(1) of the Enforcement Decree of the Building Act provide for the method of calculating the building area, floor area, total floor area, etc.

According to the documents attached to the defendant's application for formal trial, the defendant reported an extension of the area of 13.23 square meters and 13.23 square meters on the second floor of the church building in the process of ex post facto building permission, and the fact that the above area has increased in balcony and is wholly excluded from the calculation of the total floor area of the church building

However, unlike the total floor area calculated on the basis of the floor area, the building area is calculated on the horizontal projection area of the part enclosed by the centerline of the columns where there is no outer wall or outer wall. Although the building in this case is excluded from the calculation of the total floor area, it is included in the calculation of the building area. Therefore, even according to the construction permit submitted by the Defendant, the building in this case increases the building area ratio (the ratio of the building area to the site area).