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(영문) 의정부지방법원 2018.01.04 2017고정801
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On October 2, 2014, the Defendant is a Class-I district unit planning zone within the D Housing Site District, and is a building owner who obtained permission for detached housing with a total floor area of 197.26 square meters, two floors above ground, and one household in Nam-si, Nam-si, which is a Class-I exclusive residential area for Class-I, and obtained approval for the use of the said building on June 18, 2015.

1. Where a person intends to construct a building, alter its use, or install a structure in a district unit planning zone in violation of the National Land Planning and Utilization Act, he/she shall comply with such district unit planning;

The above place is an exclusive residential area for Class 1 among the district unit planning zones, and it can be constructed only by a single house of not more than 2 households by the public notice of Namyang-si.

However, around June 2015, the Defendant stated in the indictment for changing the purpose of use of a building that does not conform to the district unit planning by expanding the boundary walls to the above detached house and constructing a three-household house. However, in light of the process of litigation, etc., the Defendant’s ex officio correction is made because it does not put any substantial disadvantage to the Defendant’s defense.

was made.

2. The Defendant violated the Parking Lot Act by installing brick structures on the parking lot 2 large area of 23 square meters installed in the same building at the time and place indicated in paragraph (1) and without any justifiable reason, to maintain the original function of the attached parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each prosecutor's statement made to F and G by the prosecution;

1. Investigation report (attached to investigation reports on illegal construction offenses, field photographs, etc.), investigation reports on illegal acts, reports on business trips results, corrective orders, and building ledgers;

1. Application of investigation reports (attached photographs, etc. of illegal parking lots), reports on results of business trips, and statutes governing field photographs;

1. Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act regarding criminal facts (the “public notice on change of the purpose of use,” as indicated in the holding, is based on delegation of Article 76(1) of the above Act and Article 71 of the Enforcement Decree thereof, which are superior statutes.

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