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(영문) 수원지방법원 성남지원 2018.06.29 2017고정1502
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who engages in development activities without obtaining permission for development activities and is ordered by a competent authority to rebuild or relocate structures, etc., or to take other necessary measures, measures, etc. shall perform such activities.

The Defendant, as the owner of land in Gwangju-si, Gyeonggi-do, a production management area, was changing the form and quality by raising earth on the 959 square meters of the above land without obtaining permission.

1. On October 18, 2016, the Defendant did not implement the foregoing unauthorized development activities despite the receipt of the notice from the Do-si Office, Gwangju-si, about October 18, 201 to October 31, 2016, demanding restoration from the Do-si Office, Gwangju-si, to the original state.

2. Around December 13, 2016, the Defendant did not perform an act of development without permission despite the receipt of the notice from the Dog-si Office, Gwangju Metropolitan City, to restore to its original state by December 31, 2016.

3. Around May 4, 2017, the Defendant did not perform an act of development without permission despite the notification from the Dog-si Office of Gwangju Metropolitan City to restore to its original state by May 31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Official documents and investigation reports for restoration to each original state (temporary verification of service of an order for restoration to the original state);

1. Application of a certified copy of the cadastral map, land register, and field photograph;

1. Relevant provisions of the National Land Planning and Utilization Act and Articles 142, 133(1)6, and 60(3) of the National Land Planning and Utilization Act concerning criminal facts, and the choice of fines, respectively;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant or defense counsel who has asserted that it falls under emergency measures for disaster recovery or disaster control;

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