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(영문) 인천지방법원 2013.06.28 2013고정1697
건축법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 3, 2012, the Defendant was sentenced to two years of imprisonment for fraud at the Incheon District Court on August 3, 2012, and such judgment became final and conclusive on January 16, 2013.

The Defendant, who is engaged in the construction business, is the owner and contractor who ordered the construction of the first floor of the light steel structure with a size of 100 square meters constructed in forest land area of 100 square meters in Incheon pool-gun B (T and two lots outside C).

If a project owner intends to change any building permit or building report, he/she shall obtain permission from the permitting authority or report it to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree, and the project owner shall not use or report the building unless

On August 31, 2007, on the forest land above, the building area was 121.36§³, reinforced concrete structure, and 8.6m high-rise 8.6m of reinforced concrete roof was newly constructed, and the first floor was the retail store which is the first-class neighborhood living facilities, and the second floor was the second-class neighborhood living facilities.

Nevertheless, the Defendant newly built a single-story house of 100 square meters in the building area on the said forest from October 2009 to June 201, 2010, without reporting the change of the construction report to the competent authority. As such, on September 2010, the Defendant, without obtaining approval for the use of the newly built detached house, had Haman move into the said detached house and used it in advance.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect E by the prosecution (including the accused and F statements);

1. Written accusation and each investigation report;

1. Before ruling: Application of Acts and subordinate statutes to the defendant's legal statement, investigation report (Confirmation and attachment of judgment in the case of a defendant's separate trial);

1. Approval of the use of Article 110 subparagraph 2 of the Building Act, Article 110 and Article 16 of the Building Act, Article 110 subparagraph 2 of the Building Act and Article 22 (3) of the Building Act for criminal facts;

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