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(영문) 수원지방법원 안양지원 2015.06.19 2015고정445
건축법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who intends to construct or repair a building in an urban area that violates the Building Act or to extend a building the total floor area of which is at least 85 square meters shall obtain permission from the competent authority;

Nevertheless, the defendant has not obtained permission from the competent authorities,

A. The same year from July 2014

9. A multi-family house of 4 households, in total, shall be substantially repaired into a multi-family house of 14 households, in total, by making a boundary wall between households up to a first patrolman and making separate toilets, such as a two-story of the total floor area of 130.04 square meters in size of 444 square meters in size of 130.16 square meters in size in B located in Ansan-si, a four-story of the total floor area of 128.7 square meters in size in an urban area, five households, and a four-story of the area of 105.81 square meters in an area of 105.81 square meters in an area as a three-household;

B. From the end of November 2014 to the end of December 2, 2014, one household with a total floor area of 86 square meters using reinforced concrete and light frameds on the rooftop floor of the said building from the end of the same year.

2. Although the number of households increases due to large-scale repair and extension at the above time and place, the Defendant violated the Parking Lot Act did not install a parking lot to exceed 0.7 vehicles per household in respect of the above building.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The ordinary building ledger;

1. Application of each statute on photographs;

1. Article 108 (1), Article 11 (1) of the Building Act (unauthorized Substantial Repair and Extension, Selection of Fines) on criminal facts, Articles 29 (1) 1, and 19 (1) of the Parking Lot Act (the point of non-establishment of annexed parking lots and the selection of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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