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(영문) 대전지방법원 천안지원 2014.02.20 2013고정1065
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

(a) When intending to engage in development activities by changing the form and quality of land, permission from the competent authorities shall be obtained;

Nevertheless, the Defendant, from November 2012 to October 2013, performed development activities by raising up soil of at least five meters high between Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu (Yancheon-gu, 952 square meters), without permission from the competent authority, by changing the form and quality of land.

B. The Defendant violated an order to take measures, such as failing to restore the original state even when he/she received an order to restore the original state to the original state on March 11, 2013 (1j) and the order to reinstate (2j) on May 15, 204 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of witness D;

1. Copy of the police statement of E;

1. Application of Acts and subordinate statutes to all the written accusation and written statements and related documents;

1. Article 140 Subparag. 1, Article 56(1) (unauthorized Development Activities), Articles 142, and 133(1)5 (a) of the Act on the Planning and Utilization of National Land Planning and Utilization, Etc. concerning the facts constituting an offense, 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 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;

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