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(영문) 의정부지방법원 2017.12.21 2017고정1460
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 20, 2015, the Defendant obtained a license for detached housing with a total floor area of 327.51 square meters, underground 1st floor, 2nd floor, and 1 household on the land in Namyang-si, a district unit planning zone, which is a district unit planning zone, on August 20, 2015, and obtained approval for use of the said building on July 25, 2016

Where a district unit planning zone intends to construct a building, alter its use, or install a structure, it shall comply with such district unit planning.

On September 2016, the Defendant changed the use of a building that does not conform to the district unit plan in the D Housing Site District, which provides that one household shall be constructed not more than 1 household per parcel by means of installing boundary walls, etc. inside the building in the instant detached house from the foregoing detached house to 4 households, and the gist of the facts charged in the instant case is that “after the Defendant obtained approval for use, the Defendant violated the number of households prescribed in the instant district unit plan by means of installing boundary walls, etc. on the instant housing after obtaining the approval for use,” and the Defendant and the defense counsel present arguments on the premise that the facts charged in the instant case constitute “the change of use” and thus, the Defendant and the defense counsel do not infringe the identity of the facts charged, and thereby

Summary of Evidence

1. Partial statement of the defendant;

1. Commencement report on investigation, petition, each statement statement (the truth, winding branch office), public notice of the D Housing Site District (the Gyeonggi-do and Namyang-si), investigation report on illegal acts (the detection on August 9, 2016), report on the results of each business trip, investigation report on illegal acts, inspection report on illegal acts, current status photograph, ledger of general buildings, and land ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act and the National Land Planning and Utilization 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. Determination on the key issue of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The gist of the defendant's assertion is that the defendant installed a party wall within the instant house.

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