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(영문) 수원지방법원 2016.12.22 2016고정1282

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

From around August 2015 to October 5, 2015, the Defendant laid off 30 m2,29 m2,299 m2 designated as a development restriction zone at approximately 96 m2 to 153 m2,00 m2,000 m2,000 m2,000 m2,889 m2,000 m2,000 m2,889 m2,000 m2,000 to 74 m2,000 m2,

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written consent to bring in the private soil;

1. A certificate of report on the project for generating scattering land;

1. Registers of cadastral survey results;

1. Flight navigator or on-site photographs;

1. A written accusation;

1. An investigation report (written confirmation of land use plan) [Attachment to the defendant and his/her defense counsel fill the above land below 50cm for farming, so it constitutes an act of raising the above land to a minor act under Article 12(4) of the Act on Special Measures for Designation and Management of Development Restriction Zones [referring to an act of raising the height of earth for farming for the last one year]. However, the following circumstances acknowledged by the evidence adopted and examined by this court are as follows: ① the defendant prepared a written consent to bringing the above land into H and I around July 23, 2015; on July 27, 2015, the construction period of the above land was set to 10.1.0 billion won for the above land; on July 24, 2015; on November 30, 2015; on July 15, 2015, the civil petition was filed to a public official in charge of construction work commenced on July 10, 2015; on July 24, 2015.