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(영문) 창원지방법원 2016.02.17 2016고정52
건축법위반등
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

1. On May 2012, the Defendant violated the Building Act: (a) installed the walls to eliminate the visits of the second, third, and fourth floor of the above building without obtaining permission from the competent authority; (b) installed the walls; (c) changed the 8 household structure that was a total of 4 households by separately installing toilets, kitchens, and external entrances; and (d) extended the area of 110.75 square meters to enter the 4th floor.

2. Although the Defendant violated the Parking Lot Act, at the time and place indicated in paragraph 1, and at the same time and place, and at a total of 4 households, installed an attached parking lot so that more than 8 vehicles can be parked on a total of 9 households, the Defendant did not install it and constructed a construction to increase the number of households of multi-household houses, such as paragraph 1.

3. The Defendant violated the National Land Planning and Utilization Act, at the date and time specified in paragraph 1, and at the location of the instant building in accordance with the housing site development project C district unit plan, where a detached house is constructed for the purpose of lease, the total number of household units per parcel per unit shall not exceed 4 households, and where a building cannot be constructed in excess of 3 floors, a wall shall be built, and a building shall be extended to 4 floors so that a total of 9 households can be leased, and the purpose of its use shall be altered.

Summary of Evidence

1. Statement by the defendant in court;

1. A supplementary statement of public officials;

1. Grounds for calculating the number of parking spaces;

1. Confirmation of land use plan, certified copy of registry, and general building register;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Building Act concerning criminal facts, Articles 108(1), 11(1) (unauthorized building construction) of the Building Act, Article 29(1)1, and Article 19(1) and (3) of the Parking Lot Act (which violates the installation of an attached parking lot), Articles 141 subparag. 3 and 54 of the National Land Planning and Utilization Act (which means construction of a building in violation of district unit planning), each of the options of fines;

2. The former part of Article 37 of the Criminal Code, and Article 38.

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