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(영문) 대전지방법원 홍성지원 2014.05.28 2014고정108
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Where anyone intends to pile up goods in a green area, control area or natural environment conservation area for at least one month, he/she shall obtain permission from the competent administrative agency, but the defendant, without obtaining permission, he/she shall pile up the landscaping, stone, etc. collected from nearby six parcels, such as B, etc. from around 1998 to December 30, 2013.

2. On November 8, 2013, the Defendant failed to comply with the corrective order, even though he/she received the written corrective order to restore the goods to their original state by December 7, 2013, for an offense of piling up the goods without obtaining permission from the lower market on the land, which is a planned control area from the lower market, at the Defendant’s residence located in Jongno-gu Seoul Metropolitan Government C305.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of public official in charge;

1. Statements of persons to be accused;

1. Location map and current status photograph;

1. To refer registered mail to registered mail;

1. Application of Acts and subordinate statutes to corrective orders (j)

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 5 (Selection of Fines) of the Act on the Planning and Utilization of National Land: Violation of an order to take measures concerning facts constituting a crime: Articles 142 and 133 (1) 5 (Selection of Fine) of the National Land Planning and Utilization Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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