beta
(영문) 춘천지방법원 속초지원 2017.06.28 2016고단436

국토의계획및이용에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the National Land Planning and Utilization Act shall obtain permission for development activities from a competent authority in cases of changing the form and quality of land or collecting soil and rocks, and obtain permission for change from a competent authority in cases of changing permitted matters;

Nevertheless, from the end of October 2014 to August 5, 2016, the Defendant changed the form and quality of land under the name of access roads without obtaining permission for change from the competent authority, and collected soil and rocks from the land of the total of 6,795 square meters of the same Ri-registered area (hereinafter “instant site”), which is the total of 711 square meters, D 3,15 square meters, E 24 square meters, 000 square meters, and 6,05 square meters of the same Ri-registered area.

2. No person who violates the Act on Property of the State shall use or benefit from State property unless he/she complies with the procedures and methods prescribed by the Act on Property of the State;

Nevertheless, from the end of October 2014 to August 5, 2016, the Defendant sold soil and collected soil and rocks to construct access roads without obtaining permission for use from land of 410 square meters located in Seoyangyang-gun F, the State property managed by the Ministry of Land, Infrastructure and Transport, which is the State property managed by the Ministry of Land, Infrastructure and Transport.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Statement made to I, J, and K in each protocol of police preparation;

1. An investigation report (to attach data submitted by the heads of Yangyang-gun and the results of on-site inspections);

1. The accusation letter, location map, site photograph, and photograph [the defendant and his defense counsel] (the act of collecting earth and stones with the belief of the H’s horse that the site of this case was all permitted without the permission certificate, and the act of collecting earth and stones was conducted in the case of the land located in the Gangwon Yangyang-gun, and there was no fact of collecting earth and stones in the above land. However, the following facts and circumstances revealed by the evidence duly adopted and investigated by the court, namely, the natural stone sales contract itself was concluded between J and H, but actually led to the act of collecting earth and stones in the instant land.