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(영문) 서울동부지방법원 2015.05.08 2015고정551
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Where a person who runs a secondhand shop changes the use, type, scale, etc. of a building or other facilities, the defendant shall modify the relevant special-purpose area and special-purpose district in a manner consistent with the purpose of designation;

Nevertheless, around January 15, 2014, the Defendant leased 70 square meters on the parking lot B in Gwangjin-gu Seoul Special Metropolitan City, a third-class general residential area, and installed a valley, etc. and run a high-water screening business with the trade name of “C”.

Accordingly, the Defendant changed the use of facilities to the extent that it is inappropriate for the purpose of designating specific use areas and specific use districts.

2. The Defendant: (a) on July 2014, as well as on July 1, 2014;

8. In the above place, a police officer continued to run a business of screening anti-water without complying with the official notice of “request for correction of the act of installing and using anti-property in a general residential area and notice of expected disposition” to the effect that the above site should not be used for a high-water facility at the above place.

Accordingly, the defendant violated the disposition or order of the head of the competent Gu to move the structure.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation (including location maps and field photographs, copies of the official text of administrative instructions, written confirmations (A));

1. Article 141 Subparag. 4, Article 76 (1) of the National Land Planning and Utilization Act (the point of violation of restrictions within the specific-use area), Articles 142 and 133 (1) 8 of the National Land Planning and Utilization Act (the point of violation of the order to take measures), and the choice of fines, respectively, concerning the facts constituting an offense;

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;

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

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