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(영문) 수원지방법원 평택지원 2015.12.30 2015고정624
건축법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of a multi-family house in Ansan-si C and D.

A person who intends to construct or repair a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

On September 14, 2012, the Defendant constructed “E building” A with a total floor area of 655.86 square meters, 4 stories above ground, and 15 households in the parking lot and stairs, 2, 3, and 4, respectively, on each floor, constructed a total of 15 households, such as 3 and 2 studio households, on each floor, with a construction permit granted on May 14, 2013, without obtaining approval for use on the road, and without obtaining permission for large-scale repair in the inside market, on July 2013, the Defendant arbitrarily expanded the number of 9 households in total by expanding each boundary wall on each room of 2, 3, and 4 stories of “E building”, and by installing a studio.

B. Around September 2012, the Defendant: (a) constructed the “E building” B, “E building” located in D; (b) 436.74 square meters of the total floor area on the ground; and (c) constructed the 11 household, such as the parking lot and stairs; (b) 2 and 3 each studio 2 and 2 in the second and third floors; and (c) obtained a construction permit on May 14, 2015 with the purport that a total of 11 households, such as studio 3 households, shall be constructed on the 4th floor; and (d) obtained the approval for use on May 14, 2015, without obtaining the permission for substantial repair of the euble market, the Defendant arbitrarily expanded the total of 7 households by expanding each boundary wall to the individual room of the 2, 3 and 4studio 7 in the 4th floor, and by installing a studio.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each general building register and the current status map of each building;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 110 subparagraph 1 of the Building Act and Article 11 (1) of the same Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

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 Criminal Procedure Act;

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