Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On April 10, 2012, the Defendant newly constructed Reinforcement C and D with a height of 3.8m high and 283m high without permission from the competent authority, and a L-type retaining wall with a height of 2.5m high and 2.5m high and 43m high and newly constructed two containers with a size of 9.9m wide (a total of 19.8m wide). On April 20, 2012, the Defendant changed from the L-type retaining wall to a reinforced retaining wall without permission from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of the accused public official;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the same Article, Article 140 and Article 56 (1) 1 and (2) of the National Land Planning and Utilization Act concerning criminal facts, the selection of fines, and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are asserted that since the container of this case is not a building but a temporary building, it cannot be punished because it does not constitute "construction of a building" under Article 56 (1) 1 of the National Land Planning and Utilization Act.

As to whether the instant container is a building or a temporary building, Article 2(1)2 of the Building Act provides that “A building has a roof and columns or walls among structures settled on the land; facilities therefrom; an office, a performance hall, a shop, a shop, a garage, a warehouse installed on an underground or a high-priced structure; and other temporary buildings for the purposes prescribed by Presidential Decree” in Article 20(2) of the Building Act “Article 15(5) of the Enforcement Decree of the Building Act” refers to any of the following, and “temporary buildings for the purposes prescribed by Presidential Decree, such as disaster recovery, entertainment, exhibitions, construction works, etc.” in Article 20(2) of the Building Act “Article 20(3) of the Building Act refers to: