국토의계획및이용에관한법률위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. Any person who intends to engage in development activities, such as changing the form and quality of land without permission, shall obtain permission from the competent authority;
However, on September 2015, the Defendant changed the form and quality of the land in a manner that sets up 152 square meters of the site owned by the Defendant in Geum-gu, Busan, Busan, by using equipment, such as a digging hole, etc., without obtaining permission from the competent administrative authority, 32 square meters of the length of 10 meters in width, 3.2 meters in width, 0 meters in height to 1.7 meters in slope shape.
2. On September 30, 2015, the Defendant violated an order to take measures by failing to comply with the order, without justifiable grounds, even though he/she received an order from the head of Geumcheon-gu to restore the form and quality of the land, such as the foregoing paragraph (1), at the same place, to the original state by October 30 of the same year.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of each accusation book, order for restoration to original state, field photographs, and Acts and subordinate statutes on the building ledger;
1. Relevant Article of the National Land Planning and Utilization Act, Article 140 subparagraph 1 of the same Article, Article 56 (1) of the National Land Planning and Utilization Act (a point of an unauthorized development act), Articles 142 and 133 (1) of the National Land Planning and Utilization Act (a point of violation of an order to take measures), and the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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;