logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2015.11.26 2015고정312
국토의계획및이용에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as violation of the National Land Planning and Utilization Act, violation of the Management of Mountainous Districts Act, construction of buildings in violation of the Building Act, and collection of soil and stones, shall obtain permission for development from the competent authority; a person who intends to convert a mountainous district shall obtain permission for conversion of a mountainous district from the competent authority;

Nevertheless, on September 2014, the Defendants conspired and did not obtain permission from the competent authority for the development of the E-owned land of Incheon Cheongjin-gun, Incheon around September 201, and Defendant A excavated each of the above land using heavy equipment without permission from the competent authority, permission for the development of the D land from September 2014, and permission for the development of the competent authority, permission for the conversion of mountainous district, and permission for the use of heavy equipment.

2. Any person who intends to occupy or use public waters such as new construction of artificial structures on public waters in violation of the Public Waters Management and Reclamation Act shall obtain permission from the competent authority;

Nevertheless, on September 2014, Defendant A had excavated and installed a stone embankment without obtaining permission from the competent authority in the area of 1,537 square meters of neighboring public waters D, Incheon Cheongjin-gun, Incheon.

As a result, Defendant A occupied and used public waters without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Each accusation;

1. The place where the application is filed;

1. Application of current status photographs, screening pictures, and Acts and subordinate statutes governing sclific acts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 140 subparag. 1 and 56(1) of the National Land Planning and Utilization Act; Article 30 of the Criminal Act; Articles 140 subparag. 1 and 56(1) of the National Land Planning and Utilization Act (unauthorized development acts); Articles 110 subparag. 1 and 11(1) of the Building Act; Article 30 of the Criminal Act; Articles 110 subparag. 1 and 11(1) of the Building Act (unauthorized construction acts).

arrow