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(영문) 수원지방법원 2017.11.23 2017고정2617
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of four million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to construct buildings in violation of the National Land Planning and Utilization Act, or change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis/Guns;

Nevertheless, from April 2016 to January 24, 2017, the Defendant newly built 7 single houses without obtaining permission from the competent authority from 558 square meters among D and six other parcels of the 558 square meters.

(b) A building owner who violates the Building Act shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun before changing any permitted matter;

Nevertheless, from April 2016 to January 24, 2017, the Defendant newly built seven detached houses without obtaining permission from the competent authorities for change from 558 square meters among D and six other parcels of the 558 square meters of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

(c)

Any person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, the head of the relevant Si, etc. for the diversion of such mountainous district.

Nevertheless, from April 2016 to January 24, 2017, the Defendant built a new 7 unit of a detached house without obtaining permission from the competent authority for change from 558 square meters out of 558 square meters out of D and 6 parcels outside of Yongsan-gu, Yeongdeungpo-gu, Seoul, and converted the use of a mountainous district.

2. Defendant B, who violated the National Land Planning and Utilization Act, Defendant A, the representative of the Defendant, engaged in the above development activities without obtaining permission from the competent authority concerning the Defendant’s business as described in paragraph A. A.

B. The Defendant, the representative of the Defendant, newly built seven detached houses as above without obtaining permission from the competent authority on the Defendant’s business as described in Section 1-B.

(c)

The defendant in violation of the Mountainous Districts Management Act shall be governed by A, the representative of the defendant.

As described in paragraph (1), the above mountainous district was diverted without obtaining permission from the competent authorities for change of the defendant's business.

Summary of Evidence

1. Defendants’ each.

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