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(영문) 의정부지방법원 고양지원 2012.08.24 2012고단812

국토의계획및이용에관한법률위반

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are co-owners of land E at the time of strike, and F is a person who performs civil engineering works from September 2007 to G.

1. Permission for development activities shall be obtained from a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, who intends to construct buildings, install structures

Nevertheless, on November 30, 201, the Defendants cut the land equivalent to 18,405 square meters in the above E in order to carry out a new construction of the camping site without obtaining permission for development activities from the mayor of the strike, and he saw up the retaining wall at a height of 4 meters by using reinforced soil, thereby constructing structures and changing the form and quality of land.

2. The Defendants, in collusion with F, committed development activities from around November 30, 201 to construction of retaining and retaining walls in the above E without obtaining permission for development activities, as prescribed in paragraph (1) and violated the above order to take measures, despite the fact that the Defendants were ordered to restore land to its original state on or before February 29, 2012 under the name of the Pakistan market, on or around January 19, 2012, by failing to comply with the order to take measures on or around February 29, 2012.

Summary of Evidence

1. Defendants and F’ legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants and F

1. Statement of accusation by H;

1. Application of Acts and subordinate statutes governing filing of an accusation, suspension of construction, notification of an order for restoration to the original state, business trips reports, field photographs, and all registered certificates

1. Article 140 Subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, Articles 142 and 133(1)5 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, the selection of fines for a crime

1. Aggravation of concurrent crimes (of the defendants, to the extent that such aggravated punishments are aggregated) under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Code shall apply to the detention in a workhouse;