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(영문) 의정부지방법원 2014.04.17 2014고정313
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Anyone shall construct a building or alter the purpose of use of a building in a district-unit planning zone designated under the National Land Planning and Utilization Act in compliance with the district-unit plan;

Nevertheless, the Defendant, from July 1, 2009 to August 8, 2013, operated a second general residential area, on the site located in the Gyeonggi-do Government City B, which is a Class-II general residential area, the second general residential area, and violated the restriction on activities in the district unit planning zone.

2. The Defendant, as mentioned in the preceding paragraph, failed to comply with an order to take measures without justifiable grounds, even though he/she was ordered to take measures to restore the original state to the original state by October 25, 2013, on August 8, 2013, by violating restricted acts in a district unit planning zone, and on August 8, 2013, and on September 25, 2013, from the Speaker market to restore the original state.

Summary of Evidence

1. Defendant's legal statement;

1. The filing of an accusation, a written statement, a location map, a field photograph, a notice of the restoration to the original state, each library, a written confirmation of a land use plan, and the application of video statutes;

1. Article 141 subparag. 3 of the Act on the Planning and Utilization of National Land Planning and Utilization (amended by Act No. 11922, Jul. 16, 2013); Article 54 of the former National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013); Article 142 of the National Land Planning and Utilization Act; Article 133(1) of the former National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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