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(영문) 대구지방법원 포항지원 2016.09.28 2016고정335
국토의계획및이용에관한법률위반등
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. The Defendant in violation of the Building Act is a building owner who has constructed a steel-frame structure building with a size of 53.78 square meters on the building site in Nam-gu, Nam-gu.

Where a small building prescribed by Presidential Decree is constructed, a report on construction shall be filed with the head of the competent Gu.

Nevertheless, the defendant did not obtain the report of the head of South-gu Office at port and constructed the building on the above site by making use of light steel-frames and the board around February 2012.

2. No defendant in violation of the National Land Planning and Utilization Act shall have obtained permission to change the form and quality of the land from the head of the south-gu Office of Port Area;

On April 2012, the Defendant attached slot 200 square meters to the above site, which is a natural green area as prescribed by the National Land Planning and Utilization Act, and laid concrete onto 50 square meters, thereby changing the form and quality of land.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Application of each statute on a written accusation;

1. Article 140 Subparag. 1 of the relevant Act and Article 140 Subparag. 1 of the National Land Planning and Utilization Act regarding criminal facts, and Article 56 Subparag. 1 of the National Land Planning and Utilization Act (unreported Development Activities, Selection of Fines) and Articles 111 Subparag. 1 and 14(1) of the former Building Act (Amended by Act No. 12246, Jan. 14, 2014);

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

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

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