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(영문) 서울동부지방법원 2016.11.08 2016고정1627

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Although the Defendant was prohibited from constructing, installing, or altering the purpose of, a building or other facility in a special-purpose area or special-purpose district, in violation of restrictions on the use, type, size, etc. of the building or other facility, the Defendant engaged in the water-related business, such as installing a valley in Gwangjin-gu, Seoul Special Metropolitan City, which is a Class-II general-use area, from around 2003 to June 14, 2016, and changed the use of the above land.

2. The Defendant did not comply with the orders to remove and move the above solid facilities two times around May 4, 2016 and around May 30, 2016, respectively, by the head of Gwangjin-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to accusation, public official statement, location map, field photograph, prior notice of disposition, corrective order, correction promotion, receipt of report on closure of business, and investigation report;

1. Article 141 Subparag. 4, Article 76 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Article 141 Subparag. 4, Article 76 (1) of the Act on the Planning and Utilization of National Land Planning and Utilization, and Articles 142 and 133 (1) 8 of the same Act (the point of violation of corrective orders and the selection of fines);

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

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

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