Defendant shall be punished by a fine of KRW 2,000,000. If the Defendant fails to pay the said fine, 100.

Punishment of the crime

The defendant is the nominal owner of C land at the original state and the actual owner D.

Any person who intends to construct a building, install a structure, or change the form and quality of land shall obtain permission from the competent authorities.

Nevertheless, on September 1, 2014, the Defendant laid up the area of about 340 square meters in a height of about 0.5m to 1.6m, without obtaining permission from the competent authorities on the above C and D ground, and installed a reinforced earth retaining wall with a stone of about 55 tons.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A written accusation;

1. Each written statement;

1. A location map, on-site photograph, and survey map of the current status;

1. Full certificate of the registered matters;

1. Each civil petition petition;

1. Application of investigation report (weight confirmation of retaining wall of this case) Acts and subordinate statutes;

1. Subparagraph 1 of Article 140 and Article 56(1)1 (a) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 140 Subparag. 1 and Article 56(1)2 (a) of the National Land Planning and Utilization Act (a point of installation of an unauthorized structure), the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to the assertion that development permission is not subject to permission

A. The Defendant’s act of asserting is a construction of a structure to construct and embanking it subject to permission or reporting under the Building Act. The permission for development activities under the National Land Planning and Utilization Act is deemed to have been granted when a building permit was granted pursuant to Article 11(5)3 of the Building Act. Therefore, the Defendant’s act need not obtain permission for development activities under the National

B. Article 11(5)3 of the National Land Planning and Utilization Act, upon obtaining a building permit, is prescribed by the National Land Planning and Utilization Act.