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(영문) 대구지방법원 경주지원 2017.08.30 2017고정138
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Any person who intends to store goods in a green area, control area or natural environment conservation area for at least one month shall obtain permission for development activities from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province head of a Si/Gun.

The Defendant did not obtain permission for the development of racing market, and performed an act of piling up natural stone on approximately 2,00 square meters among the miscellaneous land B and C in a green area from November 2016 to March 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of two copies of Acts and subordinate statutes to the accusation book, photograph register, notification of restoration order to the original state of violations of development activities, demands for restoration order to the original state of violations of development activities, notification of final restoration order to the original state of violations of development activities, certified copies of real estate register, NAV photographs, and confirmation

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 5 (Selection of Penalty) of the Act on the Selection of Criminal Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order (Consideration of the fact that there is no past record of the same kind of crime, and that the restoration to the original state is carried out as soon as possible);

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