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(영문) 창원지방법원 2017.05.18 2017고정193

국토의계획및이용에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 2012, the Defendant operated E in the production green area in the urban area, Kimhae-si, Kimhae-si, the production green area in the urban area, and the area of approximately 670 square meters, without obtaining permission from the competent administrative agency, and changed the form and quality of the land. The Defendant installed a container of 32 square meters, one Dong, one container of 18 square meters, and one container of 18 square meters, and laid down a non- iron at the night site of approximately 257 square meters.

On February 2, 2016, the Defendant issued a corrective order to reinstate the above illegal act from the Kimhae market to February 29, 2016 at the Defendant’s residence located in the Kimhae CityF by February 2016. On April 7, 2016, the Defendant issued a corrective order to reinstate the above illegal act from the Kimhae market to April 29, 2016, and on August 30, 2016, the Defendant did not comply with the corrective order to reinstate the above illegal act from the Kimhae market in the above residence until September 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation (including a written supplementary statement, land ledger, and notification of each corrective order for reinstatement);

1. Article 142 of the National Land Planning and Utilization Act and Article 133 (1) 5 (Selection of Penalty) of the same Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;