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(영문) 수원지방법원 2013.08.14 2013고단2140

국토의계획및이용에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

1. Any person who intends to erect or extend a building in violation of the Building Act shall obtain permission from, or report to, the competent authorities;

Nevertheless, on March 25, 2012, the Defendant established a new structure of Aluminium in a building for the purpose of using it as an auxiliary building without obtaining permission from the competent authority in the Cyang located in B, which is operated by the Defendant on March 25, 2012, and extended the building area of 21 square meters in size using a glass and sand position panel, and constructed and expanded a building of 334 square meters in total without obtaining permission or reporting, such as the attached list of crimes.

2. The Defendant in violation of the National Land Planning and Utilization Act is the owner of D 3,428 square meters, E 519 square meters, and 549 square meters prior to F.

A person who intends to change the form and quality of land shall obtain permission for development activities from the competent authority.

Nevertheless, the Defendant, without obtaining permission for development activities on August 201, 201, filled up a total of 4,496 square meters of the said three lots, and changed the form and quality without permission.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of each accusation book, field photograph, and a certified copy of cadastral map;

1. Article 110 subparag. 1, Article 11(1), Article 110 subparag. 3, Article 83(1) of the Building Act, Article 111 subparag. 1, Article 20(2) of the same Act, Article 140 subparag. 1, and Article 56(1) of the National Land Planning and Utilization Act, concerning facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The crime of violating the Building Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is to be restored to the original state, and the defendant's alteration of the form and quality among the crimes in this case is to be somewhat minor since the land for which a building permit has been granted is filled up.