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(영문) 광주지방법원 2021.02.04 2020고단5475
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from January 2019 to June 2020, run a general restaurant business without reporting the business in the name of “C” at the day B from the week to the day of June 2020.

1. No person who has violated the Building Act shall construct any building without obtaining permission from the competent authorities;

Nevertheless, the Defendant had the mind to build a restaurant, toilet, warehouse, and library on the site of building (E), Naju-si B 26,699 square meters, Naju-si F 990 square meters, which is necessary for restaurant operation.

Accordingly, from July 2019 to February 2020, the Defendant extended 13 units, as shown in the annexed crime sight table, without permission of the competent authority, including extending 12.4 square meters of a single-story building, aground the walls and the roof to the panel in order to use them as toilets D in order to use them for toilets in the city from July 2019 to February 202.

2. Violation of the National Land Planning and Utilization Act;

(a) Any person who intends to construct a building, install a structure, change the form and quality of land, etc. in an area for use, shall obtain permission from an administrative agency;

Nevertheless, on May 2019, the Defendant performed concrete and aggregate packing works for the purpose of building a parking lot site in 9,700 square meters in 26,69 square meters of 26,69 square meters in Naju City, B,69, which is an area for use as a patroler (Preservation Management Area), thereby changing the form and quality of the land, and installing a stone shed with a volume of 7,005 cubic meters in 290 square meters in horizontal projected area.

(b) Where any person changes matters permitted for development activities, he/she shall obtain permission for change from an administrative agency;

Nevertheless, from July 2019 to February 2020, the Defendant operated a general restaurant (Class 2 neighborhood living facilities) by changing the trade name of “C” to the trade name of “C” with respect to buildings for which development activities were permitted for the purpose of Class 1 neighborhood living facilities (E) in B from July 2019 to February 202 without permission for change.

3. Violation of the Farmland Act; and

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