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(영문) 인천지방법원 2013.04.15 2013고정1308
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of a three-story building on the ground of the total floor area of 382.77 square meters located in one parcel outside the Incheon Southern-gu, Incheon, which is an urban area.

A person who intends to construct or repair a building shall obtain permission from the competent authority, and where he/she intends to change the use of a building for which approval for use has been obtained into a sub-facilities group, he/she shall report it to the competent authority.

1. On August 17, 1996, the Defendant, without filing a report with the competent authority, obtained approval for the use of one story of 127.59 square meters among the third third-story buildings above, as the head of a neighborhood living facility military unit, and used it by changing the use to the housing of a subordinate facility, military personnel, business facility soldier, and military personnel around the end of July 2012.

2. The Defendant, without permission from the competent authority, performed substantial repair activities to extend the number of households for one household with the second floor of 127.59 square meters among the three-story buildings above the above ground, on the date stated in paragraph 1, by putting up a boundary wall to five households.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of a public official in preparation C;

1. The general building ledger, building status map, and land use planning information system;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 108 (1) and 11 (1) of the Building Act ( point of unauthorized large-scale repair), Articles 108 (1) and 19 (2) 2 of the Building Act ( point of unregistered change of use): Selection of each fine;

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

1. Articles 70 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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