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(영문) 창원지방법원 2012.12.07 2012고정1174
국토의계획및이용에관한법률위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

A person who operates a secondhand shop in Kimhae-si, who intends to change the form and quality of land or to store goods for at least one month in a green area, management area, or natural environment conservation area, shall obtain permission from the Mayor. However, around May 2009, the Defendant: (a) laid down aggregate (A = 90 square meters) in order to operate the secondhand shop without obtaining permission from the Kimhae-si, Kimhae-si; (b) changed the form and quality of waste goods (A = 215 square meters, 5 square meters, 58 square meters); and (c) violated the waste goods storage (A = 258 square meters).

Summary of Evidence

1. Defendant's legal statement;

2. Statement made by the police against D;

3. A written accusation;

4. Application of evidential materials, such as current status photographs, enlightenment notification, etc. and statutes governing airlines;

1. Article 140 subparagraph 1 of Article 140, Article 56 (1) 2, subparagraph 1 of Article 140, Article 140 and Article 56 (1) 5 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the choice of fines;

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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