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(영문) 전주지방법원 정읍지원 2015.05.07 2015고정44
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as constructing buildings in a management plan of Defendant B, shall obtain permission for development activities from the head of a Gun and file a report thereon under the Building Act;

Nevertheless, the Defendant was delegated by Defendant A, a night mother, to undertake all construction works on the construction of a villa, carried out in Defendant A’s land located in the Jeonbuk-gun, North Korea, and did not obtain permission from the competent administrative agency. From Jun. 1, 2014 to Oct. 8, 2014 without filing a report under the Building Act, the Defendant carried out a new construction of a building of the size of 1st and 75 square meters on the ground to be used by his family and branch members in the same place.

2. Defendant A violated the law at the time and place specified in paragraph (1) above, as stated in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements, bills of accusation, and power of attorney;

1. Each investigation report (21 pages, 51 pages), and reports on the results of investigation;

1. Application of statutes on field photographs;

1. Article 143, subparagraph 1 of Article 140, Article 56 (1) of the National Land Planning and Utilization Act (the point of violation of the National Land Planning and Utilization Act, the choice of fines), Article 112 (4), subparagraph 1 of Article 111, and Article 14 (1) 2 of the Building Act (the point of violation of the Building Act): Defendant B: Article 140 subparagraph 1, Article 56 (1) of the National Land Planning and Utilization Act (the point of violation of the National Land Planning and Utilization Act, the selection of fines), Article 111 subparagraph 1, and Article 14 (1) 2 of the Building Act (the point of violation of the Building Act)

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the "Defendants") was that the application for the building permit was already received by the relevant agency at the time of the crime of this case, and that it was based on the unregistered construction work

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