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(영문) 춘천지방법원 영월지원 2019.01.15 2018고정104

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of the area of 6,612 square meters prior to the Gangseo-gu Seoul Special Metropolitan City.

On December 2, 2017, the Defendant asked C to a dry field, instead of spreading soil in the above land, and C responded to this.

A person who intends to change the form and quality of land by cutting, raising, leveling, paving, etc. shall obtain permission for development activities from the competent authority.

Nevertheless, the Defendant in collusion with C, from December 2017 to March 5, 2018, changed the form and quality of land without obtaining permission from the competent authority for the development of 6,375 square meters in the above land by making it possible for C to fill up at least 2 meters using the digging hole and cut cutting.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (Hearing statements by public officials in charge and attaching relevant Acts and subordinate statutes);

1. A written accusation;

1. Location map and cadastral map;

1. On-site photographs;

1. Control surveying map;

1. Guide map;

1. Paper map;

1. Application of land cadastre statutes;

1. Subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, and the selection of fines for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;