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(영문) 인천지방법원 2016.04.08 2015고단8337
건축법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative of the corporation B, and the owner who is using the building in Incheon Seo-gu C as a company office and warehouse.

1. A person who intends to change the purpose of a building, the use of which has been approved due to the change of the use of which has not been reported, shall obtain permission from, or report to, the competent authorities;

Nevertheless, around May 2014, the Defendant changed the use to warehouse facilities in neighboring living facilities in order to use one story of the fourth floor located in Incheon, Seo-gu, Incheon, for warehouse, and did not obtain permission from the competent authorities or report to the competent authorities.

2. A person who intends to construct or repair a building in violation of the Building Act due to the construction of an unauthorized building shall obtain permission from the competent authority;

Nevertheless, around May 2014, the Defendant constructed the 144 square meters of the 4th floor in Incheon, Seo-gu, Incheon as a steel-frame to use it as a warehouse facility or office. In order to use the 2,443 square meters of the 4th floor in a warehouse facility, the Defendant installed a light-scale steel-frame and constructed a panel on the steel-frame by adding the panel to the steel-frame. In order to use the 741.4 square meters of the 741 square meters of the 4th floor in D, the Defendant did not obtain permission from the competent authorities.

3. A person who intends to construct a temporary building for the purposes prescribed by related Acts and subordinate statutes, such as a disaster recovery, entertainment, exhibition, construction site building, etc. in violation of the Building Act due to construction of a non-reported temporary building, shall commence the construction work after filing a report thereon with the competent authority in accordance with the standards and

Nevertheless, around June 6, 2014, the Defendant did not report to the competent authority on the construction of a temporary warehouse in the building located in Seo-gu Incheon Metropolitan City D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F Statement, on-site verification photographs, and Acts and subordinate statutes of investigation reports (the 49th page of investigation records);

1. Article 108(1) of the Building Act and Articles 108(2) of the Act on the Selection of Criminal Crime (Unreported.)

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