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(영문) 창원지방법원 2014.09.26 2014고단739
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No person who intends to engage in development activities to build a building shall violate an order to take measures to the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu with regard to

The Defendant, without obtaining permission for development activities from around 2003 to around 2004, constructed 13 buildings of a total size of 369 square meters using waste lumber, vinyl, etc. to use a restaurant, chickens breeding facility, etc. in the Kimhae-si, and issued an official notice from the Kimhae-si to order to reinstate on around August 1, 2013, around the same month, around 23, and on October 3 of the same year, the Defendant did not take any measures without justifiable grounds until March 4, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the evidence list Nos. 1 to 8 by the prosecutor

1. Article 142 and Articles 133 (1) of the National Land Planning and Utilization Act concerning the relevant criminal facts and the choice of punishment;

1. Selection of a selective fine for a punishment (the majority of the criminal history of the same kind and the record of the suspension of the execution of imprisonment for the same crime exists, but now, eight of the 13 illegal buildings were removed by the mixed person and the removal of the illegal buildings was desired at the time of Kim Sea, etc.);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

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