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(영문) 의정부지방법원 고양지원 2015.05.15 2015고정24
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant operated a historical world with the trade name of "C" in Soyang-gu, Youngyang-si, and D is the representative of the E clan who leased the above land to the defendant from April 201 as the owner of the above land.

1. From January 20, 2014 to June 24, 2014, the Defendant had a simplified building, etc. on the land, which is a Class-I general residential area under the National Land Planning and Utilization Act, and operated a solid shop that handles scrap metal, etc.

Accordingly, the Defendant conspiredd with D to violate the limitations on construction in the specific use area.

2. On January 2014, the Defendant was issued a corrective order with the head of Geumcheon-gu to the effect that the above offense should be restored to the original state by February 20, 2014. On March 20, 2014 and around April 2014, the Defendant violated the order to take measures issued by the competent authority because the Defendant failed to comply with the same order despite receiving the same purport from the head of the Geumcheon-yang-gu Office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation (including attached documents) by an illegal act;

1. Article 141 Subparag. 4 and Article 76 of the National Land Planning and Utilization Act regarding criminal facts, Article 30 of the Criminal Act, Articles 142 and 133 (1) of the National Land Planning and Utilization Act (a violation of an order to take measures), and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Articles 37, 38 (1) 2, and 50 of the Criminal Act [the amount shall be determined in consideration of the fact that the accused has moved his place of business and removed existing illegal facilities] among concurrent crimes; and

1. Articles 70 (1) 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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