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(영문) 창원지방법원 2015.07.08 2015고정512

국토의계획및이용에관한법률위반

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

The defendant is running D, which is a green-belt area in an urban area, with a size of 58 square meters, and a green-belt area in a Do area, C, which is a green-belt area in an urban area, with a size of 867 square meters, at the same place.

1. Any person who intends to engage in development activities, such as constructing buildings, installing structures, changing the form and quality of land, within a zone subject to the restriction on development activities shall obtain permission for development activities from the competent administrative

Nevertheless, on January 2012, the Defendant did not obtain development activities from the Kimhae market, and on January 1, 2012, 1, 2000 square meters of the size of the land owned by the Defendant, the Defendant changed the form and quality of the land by packing cement concrete packaging with a size of approximately 1,00 square meters, and 18 square meters of size of a container with a size of about 32 square meters and 18 square meters of a size to be used as a house and office, and dumpddd with a field of 1,200 square meters of size

2. On February 2014, the Defendant received from the above D office to restore the aforementioned illegal acts to its original state before February 28, 2014, “the notice of an order to restore the illegal acts in the name of the Kim Sea market to its original state” and did not comply with the order without good cause, even though the Defendant received a notice of an order to restore the illegal acts in the name of the Kim Sea market.

3. The Defendant did not comply with the order without justifiable grounds, even though he received a notice of an order to restore the illegal act in the name of the Kimhae market to its original state to its original state until August 4, 2014, at the same place as the development act referred to in the preceding paragraph, around July 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of guidance for restoration of illegal activities to the original state;

1. Land use planning confirmation personnel;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Article 142 of the National Land Planning and Utilization Act.