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(영문) 의정부지방법원 2018.02.22 2017고정1669
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of C corporation.

A person who intends to engage in development activities, such as construction of buildings or the installation of structures, shall obtain permission from the competent authority, such as the head of a Si/Gun, and when he/she intends to modify matters permitted for development activities, he/she shall obtain permission for

On November 2016, the Defendant, without obtaining permission for change from the competent authority, installed an illegal structure of 468 square meters in total by installing a structure with a total of 468 square meters by changing the location or height of a planting block and a concrete retaining wall at the left side of the door of a construction site, in five lots, including Pocheon-si D, E, F, G, and H, and 1.0 meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the examination of suspect of the police against J;

1. A written accusation;

1. A statement on the construction plan, deliberation on the construction plan, a certified copy of the land cadastral map, a land register, and a certificate of land use plan;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (2) of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which appears to have been changed and permitted ex post for the part that the defendant changed and constructed, appears to have been subject to permission. In addition, the punishment is determined as ordered by taking account of the details of the crime and the circumstances before and after the crime.

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