beta
(영문) 대전지방법원 2013.04.26 2012고정2528

국토의계획및이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 2012, the Defendant cut 140 square meters out of 884 square meters prior to Daejeon-dong, Daejeon-gu, Daejeon and changed the form and quality of land by raising 160 square meters.

Summary of Evidence

1. Entry of the accused in each part of the trial records first and second times;

1. A written accusation and a written statement;

1. Application of Acts and subordinate statutes to the current status room map, cross-section map, location map and photograph of current status, business trip report, land cadastre, and fact inquiry inquiry report (C) and each fact inquiry report;

1. Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 1 and 56 (1) 2 of the Act on the Planning and Utilization of Criminal Records;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that his act constitutes a change in the form and quality of land for farming, and thus, constitutes an act that does not require permission for development pursuant to Article 56(1)2 of the National Land Planning and Utilization Act and Article 51(1)3 of the Enforcement Decree of the same Act.

2. Article 56(1)2 of the National Land Planning and Utilization Act provides that “any person who intends to change the form and quality of land shall obtain permission for development activities.” Article 51(2) of the Enforcement Decree of the National Land Planning Act provides that “any person who intends to change the form and quality of land shall obtain permission for development activities.” Article 56(1)2 of the Enforcement Decree of the National Land Planning Act provides that “the change in the form and quality of land prescribed by Presidential Decree is excluded from the form and quality of land for cultivation of crops, farming of farmland, farming of soil capacity and the enhancement of productivity, and change in the form and quality of land for the installation of water pumping and drainage facilities on the land on which the creation has been completed.”