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(영문) 전주지방법원 2013.07.25 2013고단953
국토의계획및이용에관한법률위반등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Criminal facts

In order to change the form and quality of land as a buffer facility green belt as prescribed by the National Land Planning and Utilization Act, the full-time city C and D area in Jeonju-si shall obtain permission for development from the competent authority, and in order to install facilities, buildings or structures in the above green belt, permission for development from the competent authority shall be obtained.

From early December 2, 2011 to February 15, 2012, the Defendant changed the form of land into a parking lot by using cement without obtaining permission for development activities and permission for occupation of the head of the Yansan-si, Jeonju-si, and by packing land equivalent to approximately KRW 550 square meters in the above area.

As a result, the defendant did not obtain permission for development activities in green areas, but did not obtain permission for occupation of green areas, and changed the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. E statements;

1. Each report on investigation;

1. Application of each accusation, unlawful form and quality change status map, field photographs, land cadastre, land use plan confirmation, and certified copy of the register;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 201; Act No. 10599, Apr. 15, 2012); Article 53 subparagraph 2 of Article 53 and Article 38 (1) 2 of the Urban Parks, Greenbelts, etc. Act (amended by Act No. 1136, Apr. 14, 201);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the National Land Planning and Utilization Act heavier than punishment);

1. Selection of a fine of choice of punishment (the decision of a fine shall be made in consideration of the circumstances favorable to the defendant, such as the fact that the defendant made a confession of the crime in this case and reflects the depth of mistake, that the defendant has restored the form and quality of the alteration without permission, and

1. Detention at a workhouse;

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