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(영문) 창원지방법원 2017.06.15 2017고정394
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to change the form and quality of land in a green area within an urban area shall obtain permission for development activities from the competent administrative agency;

Nevertheless, the Defendant, without obtaining permission from the Kimhae market from around September 2013 to May 2014, performed concrete packaging (not less than 37 meters in length, and not more than 3 meters in width), earth and sand-saving (not more than 180 square meters in height, not more than 0.6-0.9 meters in height, not more than 450 square meters in height, not more than 0.6-2 meters in height), earth and sand-saving (not more than 350 square meters in height, not more than 0 square meters in height, and 0.6-1.3 meters in height), and earth and sand-saving and banking (not more than 240 square meters in height and 0.6-1.5 meters in size), respectively.

2. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district prescribed by Presidential Decree, specifying purposes thereof;

Nevertheless, from September 2013 to May 2014, the Defendant, without obtaining permission for the diversion of mountainous district from the Kimhae market, performed concrete packaging (not less than 37 meters in length, and not more than 3 meters in width), earth and sand-saving (not less than 180 square meters in height, not more than 0.6-0.9 meters in height, not more than 450 square meters in height, and not more than 0.6-2 meters in height), earth and sand-saving (not more than 350 square meters in height, not more than 0.6-1.3 meters in height, and not more than 240 square meters in height), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Current status and photographs of offenses;

1. Application of Acts and subordinate statutes on land ledger;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 1 (a point of an unauthorized development act) concerning the facts constituting an offense, and Article 53 subparagraph 1 of the Mountainous Districts Management Act and the main sentence of Article 14 (1) (a point of an unauthorized mountainous district) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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