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(영문) 부산지방법원 2013.11.14 2013고정4511
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

1. On May 2012, in order to change the form and quality of a Class-I general residential area pursuant to the National Land Planning and Utilization Act, the Defendant developed the land by cutting and packaging aggregate without permission from the competent authorities, even though he/she obtained permission from the competent authorities, in order to do so.

2. Around March 27, 2013, the Defendant was ordered by the head of Geumcheon-gu, Busan to change the form and quality of the Defendant’s house with no permission for development activities from the head of Geumcheon-gu, Busan to restore to the original state D and E previously 167 square meters owned by the Defendant, and the Defendant did not comply with an order to restore to the original state on cutting and aggregate packaging as stated in paragraph (1) of the aforesaid Busan Geum-gu forest land B by April 12, 2013, even though he/she was ordered to restore from the Defendant’s house to the original state by April 30, 2013, and the Defendant did not comply with the above order within the said period, even though he/she was ordered to restore from the Defendant’s house to the original state by April

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Accusation of illegal violator (unauthorized change of form, quality and restoration order) and documents attached thereto;

1. Accusation against violators of the Farmland Act and Mountainous Districts Management Act and accompanying documents thereof;

1. Application of investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the National Land Planning and Utilization Act, Articles 140 subparag. 1 and 56 (1) 2 of the National Land Planning and Utilization Act (unauthorized development acts), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (the point of violating an order to take measures), and the selection of fines for the crime;

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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