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(영문) 의정부지방법원 2017.12.18 2017고단4875
건축법위반등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who runs a lodging business with the trade name called “D pension” in Gyeonggi-si C.

1. Violation of the Building Act;

(a) A person who intends to change the use of a building, the use of which has been approved for the change of use of which has been permitted, to the upper Gun shall obtain permission from the competent authorities;

The Defendant did not obtain permission from the competent authority, from September 2009 to July 26, 2017, used a house of 65.48 square meters in the 2nd floor residential business facility of Gyeonggi-gun, Gyeonggi-do as an accommodation facility, and changed the use of a total of 239.48 square meters for a higher military business facility as shown in attached Table 1.

(b) Even a building subject to permission for extension without reporting, where the total floor area is less than 200 square meters in a control area, an agricultural and forest area, or a natural environment conservation area under the National Land Planning and Utilization Act and falls under the construction of a building with less than three floors, a building permit shall be deemed granted to the competent administrative agency as prescribed by Ordinance of the Ministry of Land, Infrastructure

The Defendant did not report to the competent authority on April 2014, and extended accommodation facilities of 108 square meters from Gyeonggi-gu, Gyeonggi-do, which is a planned control area, into a light-weight aggregate, into a light-weight aggregate, and extended total of 372.45 square meters from around the above day to September 2016, as in attached Table 2, from around the above day to September 2016.

2. Violation of the Tourism Promotion Act;

(a) A person who intends to operate the business of operating an amusement facility prescribed by Presidential Decree for general amusement facility without permission shall obtain permission from the competent authority;

The Defendant did not obtain permission from the competent authority, from October 2014 to July 27, 2017, installed one DNA slick (3m, 2.4m, and 6m in length) from Gyeonggi-gun, Gyeonggi-do, and operated a general amusement facility business for the purpose of attracting tourists.

(b) A person who intends to operate a camping business among facilities businesses for the use of camping grounds for tourists shall register with the competent authority.

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