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(영문) 춘천지방법원 강릉지원 2016.11.24 2016고정183
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant, upon obtaining permission for development activities in Samk-si B, tried to store soil and sand that occurred while carrying out construction works for building sites for new construction of buildings on other land.

1. A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development activities. However, on March 2016, the Defendant: (a) laid up a stone on a size of approximately KRW 1,000 square meters in the area of approximately KRW 1,00 square meters without obtaining permission for development activities in Samcheon-si and C and D; and (b) performed development activities, such as changing the form and quality of land, by filling up approximately KRW

2. Around March 30, 2016, the Defendant violated the above order to suspend banking from the third-party market at the place specified in paragraph (1) and to take measures to restore the original state, but failed to comply therewith.

Summary of Evidence

1. Defendant's legal statement;

1. Notification (C and D) of a written accusation, a voluntary banking, and a restoration order for stonework to its original state, and photographs of illegal acts;

1. Application of investigation reports (verification as to whether they are restored to original state) Acts and subordinate statutes;

1. The relevant Article of the National Land Planning and Utilization Act and Articles 140 subparagraph 1 and 56 (1) 2 (a) of the National Land Planning and Utilization Act (a point where development activities are performed without permission) concerning criminal facts, the selection of fines for negligence under Article 142 and Article 133 (1) 5 (a) of the National Land Planning and Utilization Act (a point where an order to take measures is violated);

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

1. Articles 70 (1) 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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