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(영문) 대구지방법원 안동지원 2018.12.21 2018고정111
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority, and even in cases of changing matters permitted for development activities, he/she shall obtain permission from the competent

Nevertheless, on April 2018, the Defendant, while carrying out a new construction of Class II green facilities and detached houses on the land outside the Seoul and outside the Seoul, in order to change the form and quality of the land exceeding 672 square meters in excess of the existing permitted drawings without a change of the competent administrative agency, and at a lower level than the permitted site height (186-188m in the table height) than the permitted site height (181.2m in the table height), cut additional amounting to approximately KRW 635 cubic meters, and changed the form and quality of the land differently from the existing permitted matters without a change of the competent administrative agency, such as additional banking equivalent to approximately KRW 304 cubic meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each application for permission for development activities, project plan, project plan (revision), each location map, each site photograph, damage prevention plan, damage prevention plan, each land to be used, protocol of each included land, land plan to be used, plan plan plan, ground plan, plan plan, ground plan, excellent plan plan, floor plan, paper map, cross-section map, photograph site, and summary of major registered matters;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (2) and Article 56 (1) 2 of the National Land Planning and Utilization Act concerning the facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is reasonable to change the form and quality of the land differently from the matters for which the defendant obtained permission for development activities.

However, the above permission is deemed to have been obtained by applying for construction permission after the crime of this case.

There is no criminal record for the defendant.

In addition, the defendant's age, sex, environment, motive and background of crime, means and consequence of crime, necessity of restitution, circumstances after crime, etc. are revealed in the trial process.

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