국토의계획및이용에관한법률위반등
A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding fifteen million won.
When the defendant does not pay the above fine.
Punishment of the crime
1. Any person who intends to alter the form and quality of land or to collect soil and rocks shall obtain permission for development from the competent authority;
From October 14, 2017 to December 15, 2017, the Defendant cut approximately KRW 5 meters on Kimcheon-si B, C, D, E, E, F, G, H, I, and JJ, without permission from the competent authority, and collected soil and rocks equivalent to approximately 20,000 square meters.
Accordingly, the defendant was engaged in development activities without permission from the competent authorities.
2. Any person who intends to collect earth or stone in mountainous districts, other than preserved mountainous districts violating the Management of Mountainous Districts Act shall obtain permission from the competent administrative agency;
Nevertheless, the Defendant collected soil and rocks on the date of entry in paragraph (1) without obtaining permission from the competent authorities, from 406 square meters in Kimcheon-si, a mountainous district, other than preserved mountainous districts, and from 384 square meters in F, the place of entry in paragraph (1).
3. A person who intends to screen, clean, or crush aggregate in violation of the Aggregate Extraction Act shall prepare a site in excess of the size prescribed by Presidential Decree necessary for the installation, etc. of camping grounds and auxiliary facilities, and shall report such site to the head of the competent Si/Gun/Gu,
Nevertheless, the Defendant did not report to the competent authority on December 5, 2017, and extracted and screened sand by using equipment, such as boomers, screening machines, and accelerators.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement of K and L by the prosecution, and M;
1. The application of Acts and subordinate statutes to the extent of a location map and a photographic site, N's estimated lot number, land (forest) opening, total registration number - the current status of land, accusation and complaint, investigation report (a photoficing, etc. of the registered matters), land planning and use confirmation center, investigation report (a document of removal and landscaping, attachment of soil contract and text, and detailed statement of 12 reported matters;
1. The relevant Article of the National Land Planning and Utilization Act concerning the facts constituting an offense;