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(영문) 수원지방법원 안산지원 2020.07.22 2020고정380
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 a person who operates the secondhand Award in the name of "E" by leasing parts of 1/3 of the land from "B" and "C" in Ansan-si.

1. A person who intends to install a structure of an unauthorized development activity, or store goods in a green area, control area, or natural environment conservation area for at least one month shall obtain permission from the head of the competent administrative agency;

Nevertheless, on April 2018, the Defendant installed four containers (three containers of 18 square meters and one container of 22.5 square meters) on the land located within the conservation zone, which is a green conservation zone without obtaining permission from the Simsan market, and stored solid water for at least one month at the same time.

Accordingly, the defendant set up a structure without obtaining permission from the head of the competent authority and stockpiled goods in the green area for at least one month.

2. On November 2018, the Defendant violated the instant order to reinstate the same act as described in the foregoing paragraph (1) to his/her first order issued by the Ansan Market by December 10, 2018, and on January 31, 2019, the Defendant failed to comply with the second order to reinstate to his/her original state until March 31, 2019.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report on the monthly rent contract (Attachment of relevant provisions and Nos. 43 of the evidence list) ordered to restore each of the management ledger of the building in violation of the police interrogation protocol F of the accused's suspect's interrogation protocol as to

1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 1 of the National Land Planning and Utilization Act (the occupation of installing an unauthorized structure), Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 5 of the National Land Planning and Utilization Act (the occupation of piling up an unauthorized object), Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act (the occupation of violating the order to take measures), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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