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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a person who operates a partnership corporation B;
1. From March to April, 2012, the head of Seo-gu Daejeon Metropolitan City cut the site site (B association corporation ownership) of Seo-gu, Seo-gu, Daejeon Metropolitan City, which is planning and management under the National Land Planning and Utilization Act between March and April, 2012 and cut off 80 square meters from among 2,223 square meters of land, using crums, thereby illegally doing development activities;
2. Although the head of Seo-gu Daejeon Metropolitan City received an order to restore the original state by July 31, 2012 from the head of Seo-gu, Daejeon Metropolitan City, he/she did not comply with the said order without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Reinstatement to the original state for illegal development activities (land form and quality alteration), accusations, accusations, illegal status and materials, restoration to the original state for illegal activities (land form and quality alteration), restoration to the original state for illegal activities (i.e., July 12, 2012), restoration direction for illegal activities (i.e., change of land form and quality), and land and forest registers;
1. Application of Acts and subordinate statutes to criminal investigation reports;
1. Subparagraph 1 of Article 140, Article 56 (1) and Article 142 and Article 133 (1) 5 of the National Land Planning and Utilization Act (a violation of an order of reinstatement) concerning the facts constituting an offense;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the maximum amount of two principal crimes specified in a crime of violating the National Land Planning and Utilization Act due to development acts with heavy penalty) among concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) shall be determined by taking full account of the motive and circumstances leading up to the instant crime, the area of the land where the unlawful form and quality was changed, and other circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct