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(영문) 대구지방법원 2017.03.29 2016고단4012
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

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

[2016 Highest 4012]

1. Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority;

Nevertheless, on March 2015, the Defendant performed development activities by raising the above land at a height of at least three meters without obtaining permission for development activities in Cheongdo-gun, Cheongbuk-do (former, 1,921 square meters) and E (2,079 square meters).

2. On July 6, 2007, the Defendant in violation of the Building Act is a project owner who reported the construction of a building for the purpose of detached houses of the first floor on a total floor area of 119.04 square meters, building-to-land ratio of 23.1%, and a building for the purpose of detached houses of the first floor.

(a) The maximum limit on the ratio of the building area to the site area of construction exceeding the building-to-land ratio shall follow the standards for the building-to-land ratio under the National Land Planning and Utilization Act, and the building-to-land ratio to the planned control area shall not exceed 40

Nevertheless, on March 2014, the Defendant exceeded the building-to-land ratio by extending the two-story housing and the buildings of 347 square meters in a warehouse (347 square meters) on the said site, which is a planned control area, to the total floor area of 467 square meters and 63.6 percent of the building-to-land ratio.

(b) A project owner who has used a building before obtaining approval for use shall be prohibited from using a building or using a building unless he/she has obtained approval for use;

Nevertheless, on March 2014, the Defendant continued to use the house as stated in the above paragraph (a) on the above site without obtaining approval for use.

[2016 Height 4546] A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, by determining the purpose thereof

Nevertheless, on February 2, 2015, the Defendant filled up and cut the form and quality of the mountainous district and installed a container using one chiller for installing containers for storing agricultural machinery in the mountainous district of approximately 1,668 square meters in Cheongdo-do-gun, Cheongdo-gun, Cheongdo-gun and about 350 square meters in total, and of approximately 1,668 square meters in Cheongdo-do-gun, Cheongdo-do-do-gun, and one container.

This is the defendant.

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