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(영문) 수원지방법원 평택지원 2018.02.09 2017고정598
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Where it is intended to modify matters for which permission for development acts in violation of the National Land Planning and Utilization Act has been obtained, it shall obtain permission from the competent authority;

Nevertheless, the Defendant, after obtaining permission for the construction of solar power plants and road sites in Ansan-si B and C, was performing the civil construction works for building sites under the name of D, built the plant site creation without obtaining permission from the competent authority on May 15, 2017 with a height of 1.0 meters from 1.5 meters to 3.5 meters from 40 meters in length.

2. A person who intends to erect a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, or any other similar structure prescribed by Presidential Decree, to create a site for violating the Building Act, shall report it to the Mayor, as prescribed by Presidential Decree;

Nevertheless, without reporting the construction of a structure, the defendant constructed a plant-blue retaining wall like the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. General status of land to be accused;

1. Survey maps of illegal status;

1. Survey map of illegal status;

1. A written accusation;

1. Application of each statute on photographs;

1. Relevant Article of the National Land Planning and Utilization Act and Articles 140 subparag. 1, 56 subparag. 2, and 56 subparag. 1 (the fact that development activities were conducted without permission for change) concerning facts constituting an offense, and Articles 111 subparag. 1 and 83 subparag. 1 (the point of constructing structures not reported) of the Building Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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