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(영문) 대구지방법원 경주지원 2019.07.25 2019고단230
국토의계획및이용에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as changing the form and quality of land and gathering soil and rocks, without permission, shall obtain permission for development activities from the head of the competent administrative agency, and shall not engage in development activities without obtaining such permission;

Nevertheless, the defendant, without the permission of the competent authorities in 2018, changed the form and quality of the land by way of cement packaging and gravel distribution work in the Ga Kimhae-si B, C, D, E, F, G, H, I around 2018.

2. The Defendant, as stated in the foregoing 1. Around September 11, 2018, issued an order to reinstate from the Kimhae market to October 26, 2018 (the first order) with an unauthorized development act, as well as the Defendant’s failure to comply with the order to reinstate from the Kimhae market until November 25, 2018 (the second order), despite having received an order to reinstate from the Kimhae market to November 25, 2018 (the second order), the Defendant failed to comply with the order by the said deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. The charge book - the supplement statement of the accuser, and each statement of opinion;

1. The administrative disposition order - On-site photographs;

1. Postal item search;

1. Full certificate of the registered matters;

1. Building permit and building management ledger;

1. Land use planning information;

1. Application of investigation reports (verification as to whether it is impossible to reinstate an unauthorized development area) statutes;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning the facts constituting an offense, Articles 142, 133 (1), and 60 (3) of the National Land Planning and Utilization Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50-1 of the Criminal Act; Articles 70(1) and 69(2) of the Criminal Act for the Attraction of Labor House Inmates;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion has long been used as a parking lot and passage through adjacent banks for soup.

The Defendant around May 2016, as well as the instant land.

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