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(영문) 창원지방법원 2020.01.08 2019고정630
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant, who violated the National Land Planning and Utilization Act due to the construction of an unauthorized building, is the owner of 1,544 square meters prior to Kimhae-si, and the person who intends to engage in development activities, such as the construction of a building, etc. shall obtain permission from the competent Kimhae-si, but the said person constructed a manager of approximately 28 square meters of the area B on October 2016 without obtaining the said permission.

2. From May 24, 2017, the Defendant violated the National Land Planning and Utilization Act due to the violation of an order to take measures, as seen above, the Defendant received “the first step of recovery of illegal act in the urban area” in the name of the Kim Sea market that orders the restoration from the competent Kim Sea market to June 2, 2017, from the Defendant’s residential area located in Kim Sea C and D around May 24, 2017. On August 5, 2019, the Defendant received “the first step of recovery of illegal act in the urban area” from the competent Kim Sea market, which orders the restoration from the Defendant’s residential area up to September 5, 2019, which orders the restoration from the competent Kim Sea market by September 5, 2019, but did not perform restoration by the prescribed deadline, thereby violating the order to take measures of the competent Kim Sea market.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation and a written corrective order;

1. The application of a location map and current status of violation to statutes;

1. Article 140 subparagraph 1 of the same Article, Article 56 (1) 1 of the National Land Planning and Utilization Act (unauthorized development acts), Articles 142 and 133 (1) 6 of the National Land Planning and Utilization Act (a violation of an order to take measures), and the selection of fines for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the building without permission in this case was closed after the prosecution; and (b) the Defendant was old as the first offender.

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