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(영문) 의정부지방법원 2017.10.19 2017고정825
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who performs civil engineering works at a housing complex construction site outside B and five parcels in Namyang-si, Namyang-si, and obtained permission to engage in development activities to change the form and quality of land by constructing a vegetation block with a length of 86 meters and height of 1 to 5 meters, and by creating a wall.

A person who intends to change a matter for which permission for development has been granted shall obtain permission for change from the competent authority, and a person who intends to construct a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, and other similar structures prescribed by relevant Acts and subordinate statutes shall report thereon to the competent authority.

From May 2015 to July 2015, the Defendant did not obtain permission to change development activities and report on the construction of structures from the above land. Unlike the content of permission to engage in development activities, the Defendant built a vegetation block with a length of 86 meters and height of 6.5-11 meters, and changed the form and quality of land by banking land of a size of 642 square meters permitted under the law.

Accordingly, the Defendant changed the form and quality of land without obtaining permission for development activities, and at the same time constructed a structure without reporting the construction of a structure.

The defendant of "2017 High 1513" shall be a person who engages in development activities as a constructor.

Any person who intends to engage in development activities prescribed by Presidential Decree shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, and heads of Sis/Guns.

Nevertheless, on February 2017, the Defendant changed the form and quality of land by packaging an access road of 1,031 square meters (6M 120m in length) of a newly constructed house with permission in a forest and forest area of Class C No. 1 in Nam-si, Namyang-si, Namyang-si, with no permission.

Summary of Evidence

[2017 High Doz. 825]

1. Statement by the defendant in court;

1. A written accusation, written statement, investigation report on illegal acts and photographs of current status, measurement map, ground plan of construction plan, land use plan, report on investigation results, response to requests for cooperation in investigation and present status of permission;

1. References to inquiries, such as criminal history, investigation reports (as such);

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