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(영문) 수원지방법원평택지원 2020.12.18 2020고정242
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

1. Any person who intends to construct a building, install a structure, or construct a building in violation of the National Land Planning and Utilization Act or the Building Act shall obtain permission from the competent Mayor, and even if any permitted matter is modified, the project owner shall obtain permission from the competent Mayor, and report to the head of the competent Si/Gun/Gu, as prescribed by Presidential Decree, before changing any permitted or reported matter;

Nevertheless, the Defendant obtained permission for development activities and building permission from the Ansan market to build a building on the 1,092 square meters in Ansan-si. However, around January 2019, the Defendant constructed a building by moving the location of the building from 3.4 meters to 3.4 meters without permission for alteration or report on the permitted matters, and constructed a building differently from the permitted matters, such as packing the floor into concrete, not the gravel.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, on January 2019, the Defendant used 55 square meters of 3,273 square meters in Ansan-si without permission for conversion of mountainous district.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. Location map and current status photograph;

1. Data comparing the current status of damage prevention against land use, a land use damage prevention plan, and a land use damage prevention plan;

1. Permitted drawings;

1. Application of Acts and subordinate statutes to report business trip results;

1. A mountainous district converted within quasi-preserved mountainous district without a permit for change, under Article 140 subparagraph 1 of Article 140, Article 56 (2) of the National Land Planning and Utilization Act regarding criminal facts, and Article 110 subparagraph 2 of Article 110, Article 16 of the Building Act, and Article 53 subparagraph 1 of the Mountainous Districts Management Act, and Article 14 (1) of the same Act;

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