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(영문) 서울남부지방법원 2015.07.15 2015고단1808
건축법위반등
Text

Defendants shall be punished by a fine of KRW 8,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation established in Yeongdeungpo-gu Seoul Metropolitan Government for the purpose of real estate rental, etc.

1. A person who intends to change the use of his/her building for which he/she has obtained approval to use to a higher facility group under the Building Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and a person who intends to conduct a public health business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health

Nevertheless, the Defendant, without obtaining permission from the competent authority to change the purpose of use of a building from October 15, 2009 to March 9, 2015, without reporting a public health business to the competent authority, used the said room as “a lodging facility and neighborhood living facility” in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government from October 15, 2009 to “G” and obtained approval for use as “educational research facility and neighborhood living facilities” in the F, thereby changing the purpose of use of the building by using the said room to “a lodging facility” by using it as “a public health business” for 16,000 won per two days for each guest room from many unspecified customers.

2. The Defendant B, a representative of the Defendant at a temporary location like paragraph (1), used a building that was approved for use as “educational research facilities and neighborhood living facilities” without obtaining permission from the competent authority for change of use of the building from the Defendant’s representative, at the same time and time as that of paragraph (1), without reporting a public health business to the competent authority, and operated a public health business by changing the purpose of use of the building to “ accommodation

Summary of Evidence

1. Defendant A’s legal statement

1. A statement prepared by H;

1. Printeds on the Internet homepage;

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