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(영문) 대구지방법원 서부지원 2020.05.07 2019고정395
국토의계획및이용에관한법률위반
Text

1. The defendant shall be punished by a fine of four million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Any person, such as changing the form and quality of land, shall obtain permission from the competent authorities to store goods within a green area, control area or natural environment conservation area for at least one month;

Nevertheless, around June 2016, the Defendant changed the form and quality of land by packing a total of 2,882 square meters in a concrete package in the area of 2,882 square meters without obtaining permission from the competent authority in Daegu-gun and C, which is a green area. From the above date and time to May 14, 2019, the Defendant installed premium equipment.

2. The competent authority may revoke permission, authorization, etc., suspend construction, remodel or relocate structures, etc., make other necessary dispositions or order a person who has engaged in development activities without obtaining permission for development activities in violation of an order to take measures, and shall not violate such dispositions or orders to take measures without justifiable grounds.

Nevertheless, around July 25, 2017, the Defendant violated the above order to take measures without justifiable grounds despite the head of the Gun’s order to reinstate the violation of the order to reinstate the original state, which was issued until August 31, 2017.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes known to the head of a Si/Gun which requests an investigation, a written request for investigation, and a request for restitution of illegal development;

1. Article 140 subparagraph 1 of Article 140, Article 56 (1) 2 and 5 of the National Land Planning and Utilization Act (in the case of changing the form and quality of a crime and piling up goods without permission), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (in the case of violating the order of measures), the selection of fines;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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