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Defendant shall be punished by a fine of KRW 4,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. The Defendant in violation of the National Land Planning and Utilization Act due to the change of form and quality of land was a person who newly built a house with permission to engage in development activities of a detached house in Kim Sea-si B. On August 2016, in the process of constructing a detached house on the said land, the Defendant laid earth on a size of about 40 square meters in neighboring C land, which is not subject to permission for new construction of a house, and installed a retaining wall (a height of
Accordingly, the Defendant changed the form and quality of land without obtaining permission.
2. The Defendant violated the National Land Planning and Utilization Act due to the nonperformance of an order to reinstate, even though, around August 12, 2019, around August 12, 2019, received the public notice of the “request for the implementation of an order to reinstate illegal act in the urban area” under the name of the competent Kimhae market, the Defendant did not comply with the order to reinstate until September 7, 2019, which was set time limit.
Accordingly, the defendant violated the order to take measures in the jurisdictional Kim Sea market.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation;
1. Location map and current status of violation, and application of Acts and subordinate statutes governing current status of violation;
1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 1 of the National Land Planning and Utilization Act (unauthorized development acts), Articles 142 and 133 (1) 6 of the National Land Planning and Utilization Act (a violation of an order to take measures), and the selection of fines for a crime;
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 provides that the size of the retaining wall installed illegally for the reason of sentencing of the provisional payment order is not small. Meanwhile, there is room for some consideration in the process of the crime, as the defendant is likely to cause the collapse of the house, and there is room for some consideration in the process of the crime. The defendant appears to have made efforts to restore the original state to its original state, and the first offender, etc.