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(영문) 수원지방법원 평택지원 2018.02.22 2017고정575

국토의계획및이용에관한법률위반등

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

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

Reasons

Punishment of the crime

1. A person who intends to modify matters for which permission for development acts in violation of the National Land Planning and Utilization Act has been obtained shall obtain permission for modification from the Mayor;

On June 05, 2014, the Defendant cut the land value of B (share division C) 4,350 square meters from the Ansan market for the creation of a site for a door-to-door distribution office site, and obtained permission for development activities on the condition that the Defendant built a retaining wall of 2 meters high and 40 meters high on the access road.

Nevertheless, on the site for which permission for development activities was obtained from the inside market without obtaining permission for development activities from March 10, 2016 to November 15, 2016, cutting the ground at a level of about 1 meter at a height of 55 meters, 13 square meters out of D8 square meters, E 1,194 square meters, 12 square meters out of E 1,194 square meters, and 650 square meters out of F1,048 square meters, and 4.6 meters high on the access road.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the head of the relevant forest office for a specified purpose, as prescribed by Presidential Decree;

Nevertheless, when the defendant executes the construction of a site for a door-to-door office site, such as 1. Paragraph 1. at the same date and time as the above 1. paragraph, he cut the ground by using a excavation cuter with an area of 650 square meters at the boundary of the site where permission for development was obtained, and diverts the mountainous district without permission.

3. A person who intends to construct a building, such as a retaining wall, to create a site in violation of the Building Act shall report to the Mayor, as prescribed by Presidential Decree, however, the defendant, without reporting construction of a structure, constructed a reinforced retaining wall at a height of 4.4 meters, 52.6 meters in height, 52.6 meters in length, and an additional height of 4.6 meters in height, and 5.3 meters in length, at the same time as the above 1. paragraph 1. of this Article.