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(영문) 창원지방법원 2014.09.23 2014고정578

국토의계획및이용에관한법률위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

Any person who intends to engage in development activities, such as constructing buildings, installing structures, piling up goods in a green area for at least one month, shall obtain permission from the competent authority, and comply with an order issued by the competent authority to take measures with respect to development activities performed without permission.

Nevertheless, the Defendant, while leasing and using each natural green area Kimhae-si C and D, constructed one steel pipe tent of approximately 18 square meters on the said land without permission from the competent administrative agency, and installed agricultural machinery for a long time in a part equivalent to approximately 90 square meters of the area on the said land, and received a corrective order issued under the name of the Kimhae-si to the effect that the above violation should be restored to the original state on November 22, 2013 from the Defendant’s office located in Kimhae-si to the original state on the said land by November 7, 2013, but did not restore to the original state within the said period without justifiable grounds, even if the Defendant received a corrective order issued on December 4, 2013 and around December 27, 2013, and thus violated the order to take measures to restore the original state.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of supplementary statements, field photographs, an order to reinstate illegal acts in an urban area, and land cadastre statutes;

1. Article 142 and Article 133 (1) 5 of the National Land Planning and Utilization Act concerning the relevant criminal facts and the choice of punishment;

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.