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(영문) 수원지방법원 평택지원 2019.08.23 2019고단296

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to alter the form and quality of land by violating the National Land Planning and Utilization Act and the Management of Mountainous Districts Act shall obtain permission from the head of the competent administrative agency, and any person who intends to divert a mountainous district shall obtain permission to divert a mountainous district by determining its use

On March 2017, the Defendant changed the form and quality of land by cutting off the land from the aggregate of 2,087 square meters and 3,676 square meters, such as 2,587 square meters in Ansan-si B, which is a preserved mountainous district, and 1,589 square meters in C, which is a preserved mountainous district,

2. Where any change is made to matters permitted for development activities in violation of the National Land Planning and Utilization Act, permission therefor shall be obtained from the competent administrative agency;

On March 2017, the Defendant, without obtaining permission for change on March 2, 2017, built a 1,471m reinforced retaining wall of 21,02m in 21,023m in total of 37,248m2, unlike obtaining permission for development activities, such as construction of four retail stores and a mushroom farming company, and performed development activities by creating a parking lot in the place of a mushroom growing company.

3. A person who intends to install a retaining wall with a height of at least 2 meters in violation of the Building Act shall report it to the competent authority;

On July 2017, the Defendant constructed a reinforced earth retaining wall with the highest height of 4.9m, length of 1,471m in the B of Ansan-si without reporting it around 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each public official;

1. E statements;

1. Each accusation;

1. Application of each location map and on-site photographs statutes;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Articles 53 subparagraph 1 and 14 (1) of the Management of Mountainous Districts Act, Articles 140 subparagraph 1, 56 (2) and (1) of the National Land Planning and Utilization Act, Articles 110 subparagraph 3 and 83 of the Building Act;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;