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(영문) 창원지방법원 2013.05.21 2013고정120
국토의계획및이용에관한법률위반
Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, as the owner of Kimhae-si, a farmland in the Class 1 general residential area, intended to change the form and quality of the above land, changed the form and quality of the land by making aggregate snow and concrete packaging (a approximately KRW 1,100 square meters) around April 17, 2009 without obtaining permission from the Kimhae-si market even though he/she obtained permission.

Accordingly, the Kimhae market issued two orders to restore the defendant to its original state from April 6, 2012 to June 28, 2012.

However, the Defendant did not comply with the order to restore the original state without any justifiable reason even after receiving such order.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and supplementary statement;

1. Notification of an order of restoration of illegal activities in an urban area, or order of restoration of illegal activities in an urban area;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 142 of the relevant Act and Articles 133 (1) of the former National Land Planning and Utilization Act (Amended by Act No. 11292, Feb. 1, 2012);

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

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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