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(영문) 대전지방법원 논산지원 2020.04.28 2020고정24

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to engage in development activities, such as gathering earth and stones, shall obtain permission for development activities from the head of a Si/Gun, etc., and any person who intends to engage in development activities by changing matters permitted for development activities shall obtain permission

B collects the amount equivalent to 144,905 cubic meters of soil and stone from the head of Si/Gun granted from January 3, 2019 to October 30, 2019 with respect to the area of 9,995 square meters among Do, E, and F, Chungcheongnam-gun, Chungcheongnam-do, and Chungcheongnam-do from January 3, 2019.

‘The contents of ‘the defendant obtained permission with the contents of ‘dump truck driver' and ‘stop truck driver' and ‘stoptop sand' were entrusted to the defendant with the collection and removal work of soil and rocks on each land.

B from April 8, 2019 to June 20, 2019, the Defendant instructed the Defendant to continue the construction, even though he had been performing the construction in excess of the permitted area from the above F land, and accordingly, the Defendant additionally collected earth and rocks from approximately 8,025 square meters in size, other than the permitted portion, 19,980 cubic meters in size.

Accordingly, the Defendant, in collusion with B, conducted development activities without obtaining permission for change of development activities.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police officer's statement of G, B, H, and I;

1. Application of Acts and subordinate statutes to each investigation report (the estimated amount of expenses for attachment and recovery submitted by a suspect A);

1. Article 140 Subparag. 1 and Article 56(2) of the National Land Planning and Utilization Act, Article 30 of the Criminal Act and Article 140 of the same Act concerning criminal facts, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.