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(영문) 춘천지방법원 2019.10.29 2019고단748
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. To change the form and quality of land, permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, branch offices, or head of Si/Gun

Nevertheless, from March 2018 to April 2018, the Defendant changed the form and quality of land by cutting down and raising land of approximately 19,012 square meters of four lots, such as Hongcheon-gun, Hongcheon-gun, C, D, and E, which was located in the river, without obtaining the said permission.

2. Where a person engages in development activities without obtaining permission for development activities, he/she shall comply with an order to reinstate issued by the head of a Gun.

Nevertheless, on December 31, 2018 and January 24, 2019, the Defendant violated the above order because the Defendant was issued an order to reinstate development activities described in paragraph (1) at the Defendant’s residence located in Hongcheon-gun F of Gangseo-gun on two occasions, and did not comply with the order.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to accusation, notification of an order for restoration, survey maps of the current status, field survey reports, and field photographs;

1. Relevant provisions of the Acts and Articles 140 subparagraph 1, 56 (1) 2 (a violation of a permission for development acts), 142, 133 (1) 5, and 56 (a) of the National Land Planning and Utilization Act concerning facts constituting an offense, and Articles 140 subparagraph 1, 56 (1) 2 (a violation of a permission for development acts), 142, 133 (1) 5, and 56 (a violation of an order issued to a violator), the selection of a fine (the fact that

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

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

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