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(영문) 춘천지방법원 2017.06.13 2017고정179

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 12, 2013, the Defendant obtained permission to engage in development activities for the purpose of storing goods on the land B (area of 3,000 square meters) and C land (area of 1,828 square meters) in Gyeyang-gu, Gangwon-do on February 12, 2013, but did not complete development activities until January 31, 2015, which is the permitted project period.

Accordingly, the Defendant violated the order of the competent authority to take measures, which was issued on August 27, 2015, around January 5, 2016, around May 12, 2016, and around November 14, 2016, to request a completion inspection after the implementation of the damage prevention plan, by failing to comply with the order of the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs;

1. Application of Acts and subordinate statutes of inspection on completion of development activities, request for performance of damage prevention, permission for development activities, and notification of permission;

1. Relevant Article of the National Land Planning and Utilization Act and Articles 142 and 133 (1) 5-2 of the National Land Planning and Utilization Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act asserts that he/she is a partner of E, and is responsible for implementing the damage prevention plan, etc., even if he/she is an executor, the Defendant is the subject permitted by an administrative agency to engage in development activities. Thus, even if he/she is an executor, the Defendant is also the subject who is required to apply for the completion inspection after implementing the damage prevention plan, etc., even though he/she is the Defendant, even though he/she did not comply with the above order until the present time despite the four-time order of action, and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as