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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, as the owner of a three-story commercial housing of 276.3 square meters (1st 82.62 square meters, 2nd 96.84 square meters, 3rd 96.84 square meters) located in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, the Defendant: (a) installed a brick on the first floor of the above building without reporting to the head of Hongsung-gun; (b) laid the pole on the pipe in around 2012; and (c) extended the roof of the board by a method of 24.735 square meters to aground, and continuously installed a panel structure on the rooftop.
Summary of Evidence
1. The defendant's statement on the fourth trial date in court;
1. Statement made to D by the police;
1. On-site investigation report on the violated building;
1. Application for permission to change the building use;
1. Application of Acts and subordinate statutes on building registers;
1. Article 111 subparagraph 1 of the Building Act and Article 14 (1) of the same Act on criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. Determination as to the assertion that extension is not applicable
A. The defendant's act of claiming does not constitute extension.
B. According to Article 2(1)2 of the Building Act and Articles 2 subparag. 2 and 119(1)2 and 3 of the Enforcement Decree of the Building Act, “building” means a structure settled on land, with a roof and columns or walls and facilities appurtenant thereto; an office, performance place, shop, garage, warehouse, etc. installed on an underground or elevated structure; “extension” means to increase the building area, total floor area, number of floors, or height of a building on an existing site; “building area” means to increase the horizontal plane projection area enclosed by the centerline of the outer wall of the building; “floor area” means the horizontal plane projection area of the part enclosed by the centerline of the outer wall of the building; and “floor area” means the horizontal plane projection area of the part enclosed by the centerline of each floor or part of the building; and “total floor area” means the sum of the floor area of each floor of the building, respectively.
Furthermore, Article 14 (1) 1 of the Building Act is the floor area.