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(영문) 대구지방법원 포항지원 2015.06.04 2015고단52

국토의계획및이용에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is the representative director of E who carries out construction equipment leasing business, soil disposal and aggregate transport business, and the defendant A is a person who has been engaged in construction business.

Defendant

B On September 24, 2013, a contract was re-subcontracted through H to remove soil and sand generated at a construction site in relation to the construction of a new apartment in North-gu G at Port, North-gu, Seoul Special Metropolitan City.

Defendant

B requested that the Defendant A, who had secured a prop-written consent to fill earth and sand from the owners of the land in the north-gu I at the time of the port, would be able to fill up the land, and the Defendant A planned to fill up earth and sand on the land, such as the North-guJ at the port and port, by securing additional written consent from the landowners.

A person who intends to change the form and quality of land by embling, etc. shall obtain permission from the competent authority, and even from September 24, 2013 to March 2014, the Defendants conspired to do so, but the Defendants, from around September 24, 2013, set earth and sand to a height of approximately seven meters on the 936 square meters in the north-gu J-gu, Y-gu, Y-gu, Y-gu, Y-gu, and changed the form and quality of land as shown in the attached list of crimes (However, according to the records, “L” among the landowners listed in No. 5, is recognized as a clerical error of “M”, and thus corrected) combined 17 lots of land, as described in the attached list

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's examination protocol on N,O, P, Q, R, S, and T;

1. Each police suspect interrogation protocol of M, U, K, and V;

1. Statement by each prosecutor's office on W, X, Y, and Z;

1. The police statement of AA;

1. Notification of an accusation, restoration to the original state for each illegal development activity, and detection and reporting of changes in the form and quality of farmland without permission;

1. Location map and each field photograph;

1. The application of Acts and subordinate statutes to each investigation report (Attachment of the letter of agreement on removal of earth and sand of H and E; Attachment of the table of gathering earth and sand and the table of transport of D/T)

1. Criminal facts;