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(영문) 수원지방법원 여주지원 2018.11.07 2018고정515
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Any person who intends to change the form and quality of land by means of construction of buildings, installation of structures, soil erosion, etc. shall obtain permission for development activities from competent administrative agencies, such as the Special Metropolitan City Mayor, etc.

Nevertheless, the Defendant, without obtaining permission for development activities from the competent authority from April 2014 to May 2 of the same year, performed development activities by installing a stone shed with a height of 1m from 20m2 to 20m2m3m2 in Gyeonggi-gun B, Gyeonggi-do, with a length of 20m2 to 2.0-2.7m in length, and a stone shed with a length of 17m in length, and a stone shed with a height of 1m in height of 22.3m2m in the C road of 82m2m2, with a length of 7m in height, 2.0-2.7m in height, and 19m in length.

Summary of Evidence

1. Partial statement of the defendant;

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

1. E statements;

1. On April 2015, the Defendant filed a lawsuit to the effect that, even though he transferred a parcel of land on which a stone shed was installed as indicated in the facts constituting a crime as indicated in the judgment of the court below, the Defendant left the land without removing a stone shed in accordance with the above agreement, and thus, the Defendant filed an accusation against the competent authority.

However, the facts constituting the instant crime are about the Defendant’s act of developing a stone shed without obtaining permission for development between April 2014 and May 2014, and it is not related to the fact that the Defendant failed to comply with the corrective order issued by the competent authorities. Thus, even if the circumstances alleged by the Defendant are due to the same circumstance as the Defendant alleged, the establishment of the instant crime does not interfere with the establishment of the instant crime.

Application of Statutes

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) of the same 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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