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(영문) 창원지방법원 2020.04.28 2020고정115
국토의계획및이용에관한법률위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to construct any unauthorized building, or to alter the form and quality of land, install any building or structure, change the form and quality of land, gather soil and rocks, divide land, etc. shall obtain permission from the competent authority;

On September 2018, the Defendant, without obtaining permission, packaged the land equivalent to 137 square meters in a natural green area located in Kimhae-si B as cement, thereby changing the form and quality of the land, and constructed a prefabricated-type panel equivalent to 129 square meters in a size.

2. On August 29, 2019, the Defendant failed to comply with the above corrective order, without justifiable grounds, even though he/she was issued a corrective order to reinstate the same violation as described in paragraph (1) at the window C of Changwon-si, Changwon-si, and by September 26, 2019, with respect to the same violation as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation, written statement and accompanying documents, and photographs;

1. Subparagraph 1 of Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Articles 142 and 133 (1) of the National Land Planning and Utilization Act;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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