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(영문) 창원지방법원 2015.11.25 2015고정1167
건축법위반등
Text

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

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

Reasons

Punishment of the crime

On May 12, 2011, the Defendant obtained the approval for the use of the three-story multi-family house from the third fourth floor above the above building as the owner of the third floor above the ground in Kimhae-si.

1. On July 201, the Defendant violated the Building Act, without obtaining the permission of the Kimhae market in the middle of July 201, the second floor of the building was repaired by increasing the number of households from 2 households to 5 households, and the third floor was extended from 2 households to 5 households, and the fourth floor was extended by one household of 109.4 square meters in the fourth floor.

2. The Defendant in violation of the Parking Lot Act increased the number of households from 4 households to 11 households as above at the same date, time, and place as referred to in paragraph (1), and thus, the Defendant did not establish an additional parking lot with five-fifths attached thereto.

3. The Defendant violated the National Land Planning and Utilization Act, at the same time and place as stipulated in paragraph (1) of this Article, constructed a house for lease purpose according to a district unit plan, inasmuch as the total number of households per parcel does not exceed four households, the said house was not in conformity with

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of persons responsible for accusation;

1. A certified copy of the house register, a general building register, and a building status map;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 108(1) and 11(1) of the Building Act (unauthorized buildings and substantial repair), Articles 29(1)1 and 19(1) and (3) of the Parking Lot Act, Articles 141 subparag. 3 and 54 of the National Land Planning and Utilization Act, each of the options of fines;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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