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(영문) 대전지방법원 천안지원 2013.04.04 2012고단1768
건축법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is the owner of a large scale of “E” constructed on two lots, i.e., in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul, as the representative director of the DE, and the owner of a building with a size of 9,950 square meters, 4 buildings with one story, 5,048 square meters in total floor area.

1. Violation of the Building Act;

A. A. Around April 8, 2010, the Defendant: (a) obtained a building permit by designing one unit of “E” (area 3072.12 square meters) as an underground floor; (b) but, without obtaining permission from the competent authority, extended the underground floor by changing the retaining wall on the ground of the underground floor of the above building and the right H beam earth wall into the ground structure by cutting the underground floor by around April 2010.

B. On April 2010, the Defendant, without obtaining permission from the competent authority, installed a pipe on the ceiling of 14 stores of the above “E” on the 2nd, 3nd, and 4th floor sales facilities on the 14th floor above the ground, and covered the board by installing a steel pipe, and extended the 2nd (603 square meters of a total floor area), 3rd (603 square meters of a total floor area), and 4th (723.60 square meters of a total floor area), respectively.

2. A person who intends to install facilities, buildings, or structures other than facilities necessary for creating greenbelts in a greenbelt violating the Urban Park and Greenbelt, etc., notwithstanding obtaining permission from the competent authority that manages the greenbelt, the Defendant, without obtaining permission from the competent authority, installed a ice package in order to use approximately 660 square meters of the buffer green belt G in Seo-gu, Seo-gu, Seoan-gu, Incheon Metropolitan City for entry into and exit from the said “E” on April 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, I, J, K, L, M, N,O, and P;

1. Application of land construction drawings, on-site photographs, joint verification photographs on August 1, 2012, and statutes governing corrective orders for violated buildings;

1. Article 108 (1) and Article 11 (1) of the Building Act, Article 53 subparagraph 2 of the Urban Park, Green Areas, etc. Act, the selection of fines for offenses, and the selection of fines for negligence, respectively;

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

1. Attraction of a workhouse;

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