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(영문) 인천지방법원 2014.09.17 2014고단3986
건축법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Building Act;

(a) A person who intends to extend the total floor area of an extension of which is not reported does not exceed 85 square meters shall file a report with the competent authority;

Nevertheless, on May 2013, the Defendant did not report to the competent authorities, but extended the total of 53 square meters on the ground of Incheon Reinforcement-gun C, Incheon, to 3 square meters.

(b) A person who intends to change the use of a building approved for use outside an urban area into upper-tier group of the building without permission shall obtain permission from the competent authority;

Nevertheless, during the period from July 2013 to May 14, 2014, the Defendant, without obtaining permission from the competent authority, changed the use of the C detached Housing (total floor area of 221.69 square meters), D detached Housing (total floor area of 195.69 square meters), E detached Housing (total floor area of 180.32 square meters) as accommodation facilities.

2. Any person who intends to run a public health business in violation of the Public Health Control Act shall have the facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare by type of the public health business and file a report thereon

Nevertheless, during the period from July 2013 to May 14, 2014, the Defendant, without reporting to the competent authority, operated accommodation business on the C detached Housing (total floor area of 221.69 square meters), D’s detached housing (total floor area of 195.69 square meters), E’s detached housing (total floor area of 180.32 square meters), and E’s detached housing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. On-site photographs, screen pictures of the Internet homepage, and building ledgers of each ordinary building;

1. Application of Acts and subordinate statutes to investigative reports (verification that no report on accommodation business exists, hearing statements from a public official in charge and reporting);

1. Article 110 Subparag. 1 of the Building Act, Article 110 Subparag. 1 of the same Act, Article 19(2)1 of the Building Act, Article 111 Subparag. 1 of the Building Act, Article 111 Subparag. 1 of the same Act, Article 14(1)1 of the same Act, Articles 20(1)1 of the Public Health Control Act, and Article 3(1) of the same Act (unreported points of operation of accommodation business, and choice of fines) regarding criminal facts.

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