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(영문) 창원지방법원 2016.06.02 2016고정374
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of Kimhae-si, the use of which is designated as a natural green area B, and a person who operates a business collecting scrap metal from the above land of a size of 1,100 square meters to C.

Where it is intended to construct a building to change the form and quality of land, to store goods, and to install a structure in a green area, legitimate permission shall be obtained.

Nevertheless, on June 2014, the Defendant, without any permission, installed a steel fence of approximately 130 meters in height x approximately 2.2m in height, and completed a flat work to facilitate the entry of vehicles.

In addition, the area of approximately 550 square meters is filled with waste materials, etc. on one occasion, and approximately 21 square meters of a container with a size of about 21 square meters, about 5 square meters of a container with about 18 square meters of a size, and about 4 square meters of a container were illegally constructed and violated.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a written accusation (including attached materials);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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