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(영문) 수원지방법원 2018.08.23 2018고정168
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

The defendant is a person who has been in charge of construction of a site for living facilities adjacent to B's land when it is harmony.

Any person who intends to modify the matters permitted for development activities shall obtain permission to modify the development activities from the competent authority.

On March 2016, the Defendant constructed a structure with a retaining wall of reinforced soil that was built with a building permit from a steel market. On February 2017, the Defendant installed a structure with a retaining wall of reinforced block without obtaining permission for development activities, while constructing a site for a building for a Class 2 neighborhood living facilities on the above land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written accusation;

1. On-site photographs;

1. A written review of structure of a block for planting;

1. Application of Acts and subordinate statutes on permission for development activities;

1. Article 140 subparag. 1, Article 56 subparag. 2, and Article 56 subparag. 1 of the former National Land Planning and Utilization Act (Amended by Act No. 15727, Aug. 14, 2018) on criminal facts and Article 140 subparag. 1, and Article 56 subparag. 2, and Article 56 subparag. 1 of the same Act on the selection of punishment (excluding punishment).

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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