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(영문) 창원지방법원 마산지원 2016.07.05 2016고정166
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 3, 2015, the Defendant obtained permission to engage in development activities (such as changing the form and quality of land and installing structures) under the name of E from the head of Mupo-gu, Mupo-gu, Mupo-si, Mupo-si, Mupo-si.

When any change is made to permitted matters, development activities shall be performed after obtaining permission for change.

Nevertheless, the Defendant, from November 1, 2015 to November 17, 2015, did not obtain permission to change the area of 7,014 square meters in Changwon-si, Changwon-si, Changwon-si, and performed large-scale cutting, banking, and piling up of electric rocks using heavy equipment, such as pokes, without obtaining permission to change the area.

2. From November 1, 2015 to November 17, 2011 of the same year, the Defendant performed a large-scale cutting and banking work using equipment, such as spawra, etc., among the equipment of F and G, for a large-scale cutting and banking work, without obtaining permission for development from the head of Manpo-gu, Manpo-gu, the Changwon-si, the Changwon-si, the G, the 1,546m2, the 1,345m2, and the 576m2, which are owned by the President of Manpo-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements;

1. Written accusation, notification of permission for development activities, and application for permission;

1. A ground plan, current status, and planned ground plan of the construction plan;

1. Investigation report (as to the relation between the landowner and A), investigation report (on-site business trip report), investigation report (as to whether permission for the development of H, K, I, or L lot is required);

1. Application of each statute on photographs;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 140 and Article 56 subparagraph 2 of the National Land Planning and Utilization Act (the point of permission for development activities without permission), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) subparagraph 2 of the National Land Planning and Utilization Act (the point of changing the form and quality of land without permission), and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant-appellant.

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