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(영문) 전주지방법원 2018.12.14 2018고정245
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

The Defendant violates the National Land Planning and Utilization Act, changing the purpose of use in breach of the district unit planning, is the owner of Ysan-gu C and 29.7 square meters of a single house located in the district unit planning zone.

Where a district unit planning zone intends to construct a building, alter its use, or install a structure, it shall comply with such district unit planning.

Nevertheless, around December 4, 2017, the Defendant changed the use of a building to a neighboring living facility (sper and photographer) that failed to comply with the district unit plan without undergoing deliberation by the Korea-style House Preservation Committee according to the district unit plan, with respect to a building of the same 29.7 square meters which is a detached house in Yansan-gu Seoul Special Metropolitan City.

On December 27, 2017, the Defendant violated the National Land Planning and Utilization Act, which was in violation of an order to take measures, for the violation of the said “A” from the previous audience viewing in Ysan-gu Seoul Special Metropolitan City on the same day as “A”, the Defendant violated the above order to take measures by failing to restore the original state even after receiving the order to take corrective measures.

Any person who violates the Building Act shall obtain permission from the Special Self-Governing City Mayor, a Special Self-Governing Province branch office or the head of a Si/Gun/Gu when changing the use of a building from

Nevertheless, on December 4, 2017, the Defendant changed the building owned by the Defendant in Ysan-gu Seoul Special Metropolitan City from the Gun of residential and business facilities to the Gun of neighboring residential and business facilities, and did not obtain the permission of the former residential market.

Summary of Evidence

Application of the laws and regulations on the written accusation before the defendant's legal statement

1. Subparagraph 3 of Article 141 of the National Land Planning and Utilization Act; Articles 141 and 54, 142, and 133(1)4 of the same Act concerning criminal facts; Articles 108(1) and 19(2)1 of the Building Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (limited to a violation of the National Land Planning and Utilization Act following the alteration of use and a violation of the Building Act);

1. Selection of a fine for negligence;

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