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(영문) 수원지방법원 2013.04.25 2012고정3668

국토의계획및이용에관한법률위반

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is operating a secondhand shop on the land of 3,306 square meters of C, forest land, and forest land in e.g.

around September 2009, the Defendant obtained permission for development activities for the purpose of building a site for Class I neighborhood living facilities (retail stores) with the aim of selling cement, aggregate, etc. to be supplied from the competent authorities to neighboring construction sites.

Any person shall obtain permission from the competent authority to change matters permitted for development activities.

Nevertheless, the Defendant, without obtaining permission for change from the competent authority on September 201, carried out a solid business, such as camping iron on the area equivalent to 3,306 square meters of the above forest, which is a management area, without obtaining permission for change from the competent authority.

Accordingly, the defendant was engaged in development activities by piling up goods for at least one month in the management area.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. An investigation report (Attachment of a non-prosecution decision) and an investigation report (a copy of records of a case of suspension of indictment for a suspect);

1. Supplementary documents following an application for permission for development activities, etc., such as a written accusation, written statement, photograph of each violation field, land use plan confirmation, land cadastre, cadastral map copy, a certificate of all registered matters, civil petition notice, and scrap metal, etc., response to the request of the relevant department for consultation, notification of guidance for reinstatement, books of guidance, field pictures, and permission for development activities;

1. Application of Acts and subordinate statutes in Part V of the photograph;

1. Article 140 (1), Article 56 (2), and Article 56 (1) 5 of the National Land Planning and Utilization Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act regarding the "act of piling up goods" under Article 51 (1) 6 of the Enforcement Decree of the same Act, delegated by Article 56 (1) of the National Land Planning and Utilization Act, is located within the green belt area, control area, or natural environment conservation area.