Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the owner of voice C and D land.

In case of changing matters permitted for development activities, permission for change of development activities shall be obtained from the relevant administrative agency.

Nevertheless, from July 2016 to August 2016, the Defendant changed the height of a concrete retaining wall without obtaining permission for development activities of 1,564 square meters in Chungcheong-gun C and D, a planned control area prescribed by the National Land Planning and Utilization Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The accusation, photographic site, actual survey map, and nearby cadastral map [the Defendant] was conducted as stated in its reasoning, but the construction business operator arbitrarily performed construction works differently from the content of the permission for development activities, and he was unaware of it.

The argument is asserted.

However, the following circumstances revealed based on the above evidence, namely, ① the height of the retaining wall prescribed in the contents of the permission for development activities is 3 meters (18 meters in length) or 4 meters (20 meters in length), and the height of the retaining wall actually constructed is 3.7 meters from the previous section of the permission for three meters and 5 meters from the previous section of the permission for four meters, so it is difficult for the construction business operator to regard this degree of additional construction at will without consultation with the owner. ② According to the defendant’s statement, the construction business operator was entrusted with the construction in the course of providing it to the construction business operator after obtaining a design plan from the architect, so the defendant could have known about the contents of the design plan. ③ Since the place where the retaining wall was installed in the judgment, the place where the retaining wall was installed has been removed and the retaining wall was stored according to the civil petition of neighboring residents, it should be seen that the height of the retaining wall already installed from the time when the defendant was also installed.