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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 7, 2017, the Defendant purchased and owned Btel building 201 heading 844.73 square meters in Nam-gu, Incheon Metropolitan City.
On August 23, 2010, the Defendant: (a) filed an application for change of the purpose of use with respect to the retail store and the remainder of 56.55 square meters with respect to C and D, the former owner of the said 201 square meters, which were business facilities; and (b) subsequently, purchased four units of 15-18 units of '4 units of 15-18 units of 'the total number of units of 15-18 units of the above retail store, which are accommodation facilities; and (c) continuously used and managed them without permission, after being aware that they had been using and managing them without permission.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of each police suspect against D or C;
1. Statement made by the police for E;
1. The accusation and investigation report (netly 14) [the alteration of use under the Building Act includes not only the tangible alteration of the use of a building, but also the continued use of a building for the altered purpose (see Supreme Court Decisions 92Do1647, Sept. 22, 1992; 2005Do4592, Sept. 29, 2005; 2013Do2630, Jun. 27, 2013). Comprehensively taking account of the above evidence, the fact that the defendant purchased the real estate of this case, the alteration of use of which without permission from C and D, and continues to use it for the announced purpose, and thus, it can be acknowledged that the defendant is guilty of the facts charged in this case against the defendant]. The application of the above evidence can be acknowledged as a whole.
1. Article 108 (1) and Article 19 (2) of the Building Act applicable to the relevant criminal facts and Articles 108 (2) of the Act on the Selection of Punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;