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(영문) 수원지방법원 평택지원 2021.02.16 2020고정292

국토의계획및이용에관한법률위반

Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, in the course of development with permission for development activities for Pyeongtaek-si B, the Defendant knew that the development site area exceeds 2,500 square meters and the development charges are imposed. In order to avoid the development charges, the Defendant changed the form and quality of land by raising the height of four meters without obtaining permission from the competent authority, without obtaining permission from the competent authority, from the area of land to be developed in a size exceeding 2,500 square meters.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, accusation note, airline photography (land photograph subject to accusation);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. Although the Defendant appears to have committed the instant crime for the purpose of evading the imposition of development charges under Article 334(1) of the Criminal Procedure Act, the Defendant appears to have committed the instant crime for the purpose of evading the imposition of development charges. However, at the time of the instant development activities, there was no record of punishment for the same crime, and the competent authority issued the original order for restoration of the instant land, and the relevant data were submitted during the investigation process. However, at present, considering surrounding land, environment, etc., it appears that the possibility of disposal of existing development activities upon legitimate application for the instant land would not be ruled out; the area of the land for which the permission for development activities was not obtained; the Defendant’s age, sex behavior, environment, motive for the instant crime, and various circumstances after the crime, etc., shall be determined as per the order by comprehensively taking into account the following factors: