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(영문) 서울중앙지방법원 2017.02.03 2016고정3720
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant was a part of the Seocho-gu Seoul Metropolitan Government Forest Land C (hereinafter “instant forest”), and the instant forest is designated as an urban park area.

Anyone who intends to change the form and quality of land in any urban park shall obtain permission for the occupation and use of the competent administrative agency, and obtain permission for the development activities under the National Land Planning and Utilization Act.

Nevertheless, the Defendant did not obtain permission for occupation and use from around September 2012 to August 30, 2016 from the competent authority and did not obtain permission for development activities. Of the forest of this case, the Defendant engaged in occupation and use activities, such as storing construction materials, such as sanddle board, etc., on the ground that the area of approximately 180 square meters out of the forest of this case, and illegally buried land on the existing land, and installing pipes on the floor after laying a concrete package, and thereby changing the form and quality of land.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each photograph and each drawing;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 (a point of an unauthorized development act), Article 54 subparagraph 2 of the Act on Urban Parks, Greenbelts, etc., and Article 24 (1) 2 (a point of an unauthorized change in the form and quality of an urban park) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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