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(영문) 서울중앙지방법원 2019.06.27 2019고정572
건축법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Where it is intended to extend, remodel, or rebuild the area of an unauthorized extension, the total floor area of which does not exceed 85 square meters, it shall be reported to the competent authority;

Nevertheless, on May 2018, the Defendant extended a temporary building, which is a panel building structure of 52.5 square meters in floor area, to the Hdong of a temporary building which was already constructed without reporting to the competent authority, at the place specified in paragraph (1) in the Seocho Police Officer on May 2018.

2. A person who intends to construct a temporary building which is used as a temporary office, a temporary warehouse or a temporary lodging establishment for the unauthorized use of the temporary building or any other temporary building similar thereto shall file a report with the competent authority, and shall not file such report with the competent authority or file a false report;

Nevertheless, around April 30, 2014, the defendant filed a report on the construction of a temporary building, which is a temporary warehouse of the tent pipe structure, at the place specified in Paragraph 1, and actually constructed a temporary building to use it as a cooling warehouse of the panel structure.

In addition, around August 31, 2015, around November 17, 2018, and around January 23, 2018, the Defendant filed a report on the construction of a temporary building of a tent pipeline structure at the places described in paragraph (1) as above, and actually constructed a temporary building for the purpose of using it as a cooling house of the panel structure.

Accordingly, the defendant filed a false report on the structure and use of a temporary building four times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to an investigation report (Submission of related data), location map and site photographs, general table preparation book, and general building ledger;

1. Subparagraph 1 of Article 111 of the Building Act, Article 14 (1) 1, and Article 20 (3) of the relevant Act on criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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