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(영문) 대구지방법원 김천지원 2016.01.29 2015고정552
건축법위반
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A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

A person who intends to construct or repair a building shall obtain permission from the Special Self-Governing Province branch office or the head of a Si/Gun/Gu.

The defendant is the lessee of the factory building in Kimcheon-si B.

1. Around September 2010, the Defendant, without obtaining permission from the competent authority at the above site, made steel pipes on the side of the above factory building, and made the roof and the back walls attached on the upper and back sides of the building, and constructed one warehouse with a floor area of 100.5 square meters.

2. In February 2015, the Defendant, without obtaining permission from the competent authority at the above place, built a pipe (C building) on the side of the instant factory building, and built a roof with a strong board attached thereto, and constructed one warehouse with a floor area of 258 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation from the head of Kimcheon-si and a written statement from C public officials in charge;

1. Application of Acts and subordinate statutes to investigation reports (limited to attachment of documents related to viewing) and investigation reports (limited to attachment of records, such as transfer and transfer agreement, etc.);

1. Relevant provisions of the Building Act and Articles 108 (1) and 11 (1) of the Act on the Selection of Punishment for the Crime, and the Selection of Fine (Partial reduction shall be made in consideration of the circumstances leading to the crime, the form and use of the building, the circumstances after the crime, the confession and reflectivity, age, economic circumstances, etc.);

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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