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(영문) 창원지방법원 밀양지원 2018.02.01 2017고단527

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was a person who was engaged in the construction of housing with permission granted for the construction of housing in Korea, 198, 198, 198, 198, 200.

1. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act, or who intends to modify matters for which permission for development activities has been obtained, shall obtain permission from the competent authority;

A. Nevertheless, the Defendant: (a) obtained, on the ground of E, from November 21, 2016 to December 30, 2016, permission for the development of a reinforced retaining wall, which is a structure, on the right-hand side of the access road, 48.5 meters of the length without such permission; (b) obtained the permission for the development of a reinforced retaining wall, the length of which is a structure of which is 17 meters in length, on the left-hand side of the access road, on the ground of 4 lots, such as E, F, G, H, etc.; and (c) obtained the permission for the development of a reinforced retaining wall, which is a structure, on the ground side of the access road, 63.8 meters in length without such permission for the development; (d) 1 to 3 meters in height; (d) 4); (d) 1 to 20 meters in height from the ground surface without obtaining the permission for development; and (5) 1 to 4 meters in height from the ground surface;

B. As between January 23, 2017 and March 12, 2017, the Defendant: (a) obtained permission on the P ground of Gyeongnam-gun P to store natural stone at a height of 0.5-2 meters; (b) instead, the Defendant constructed the height of the natural stone at a height of 0.5-3 meters without such permission; and (c) he stored natural stone, a structure with a height of 2.5 meters at a height of 2.5 meters, without obtaining permission for development activities.

2. Any person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture and Forestry, as prescribed by Presidential Decree.

Nevertheless, as between November 21, 2016 and December 30, 2016, the Defendant is part of five parcels, including N, J, E, R, I, and other five parcels of farmland outside the agriculture promotion area.