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(영문) 부산지방법원 2017.08.23 2017고정1086
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a well-known son in Busan Heung-gu, and D is a person who installed concrete packaging and retaining walls in the above C site at the request of the defendant.

Anyone who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor.

Nevertheless, the Defendant, in collusion with D, engaged in development activities in order to use the above C neighboring land as a parking site and an access road from the beginning of December 2016 to January 4, 2017. The Defendant, who was permitted to engage in development activities by the competent administrative agency, packages land equivalent to B, 540 square meters, which is not included in B, 97 square meters of land in Busan, which is the land for which development activities were permitted by the competent administrative agency, as concrete, and changed the form and quality of the land without permission by installing a concrete retaining wall with a length of 100 meters and a height of 5 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Investigation reports by prosecutors (attached a written confirmation of land use plan);

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Article 140 of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 subparagraph 2 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

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 concerning the order of provisional payment;

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