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(영문) 의정부지방법원 2019.06.13 2019고정415
건축법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, together with B, is the actual manager of the entire building as a person who shares a 4-story building (a total floor area of 815.32m2m2, a first-story neighborhood living facility, a second-class or fourth-class multi-family house) on the ground of Dongbcheon-si, an urban area,

1. Around August 2016, the Defendant did not obtain a building permit from the competent authority, and even if the building on the upper floor was newly constructed with three households (three rooms, two households, one household) on each floor (three rooms, two rooms, one household) on each floor, the Defendant made a large-scale repair of each floor without permission by sharing eight rooms.

2. In cases of a building with at least three floors, where the total floor area, such as extension, does not exceed 1/10 of the total floor area of a building and does not exceed 85 square meters, a report on extension, etc. shall be filed with the competent administrative agency

Nevertheless, on August 2016, the Defendant did not file the said report, and installed one rooftop on the rooftop of a reinforced concrete structure with a floor area of 24.81 square meters, which is 24.81 square meters, and one story floor area of 11.52 square meters on the ground-based landscaping on the rooftop of a building without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of statutes on site photographs, full certificates of registered matters, and ordinary building ledgers;

1. Article 108(1) and Article 11(1) of the former Building Act (amended by Act No. 14016, Feb. 3, 2016; hereinafter the same shall apply), Article 111 subparag. 1 and Article 14(1)1 of the former Building Act (amended by Act No. 14016, Feb. 3, 201; hereinafter the same shall apply), the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

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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