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(영문) 울산지방법원 2016.08.26 2016고정757
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

1. A person who intends to change the form and quality of land in violation of any Act on the Planning and Utilization of National Land on March 2015 shall obtain permission from the competent authority;

Nevertheless, on March 2015, the Defendant changed the form and quality of land by installing a stable (2-4.5 meters in height, 50 meters in length, and 180 square meters in width) on the land owned by the Defendant in Ulsan-gun B without obtaining permission from the head of Si/Gun.

2. On March 11, 2016, the Defendant violated the Act on the Planning and Utilization of Land of the Republic of Korea (hereinafter referred to as the “Act”) issued an order to reinstate the land from the number of Ulsan-gun, the competent administrative agency, to March 11, 2016, on the ground that the form and quality of the land was changed without obtaining permission, as prescribed in paragraph (1) of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Plans for measures, orders for reinstatement, orders for reinstatement, photographs of development activities, following on-site photographs, etc., or changes in the form and quality of illegal land;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 140 and Article 56 subparagraph 2 of the National Land Planning and Utilization Act (unauthorized development activities, choice of imprisonment), Articles 142 and 133 (1) of the National Land Planning and Utilization Act (the point of violation of an order to take measures), the choice of fines for each crime (the first crime, the point of violation, the first violation, the point of violation, the fact of violation, the fact of correction of illegal matters with permission for lawful development activities, the circumstances leading to the instant crime, etc.);

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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