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(영문) 광주지방법원 2014.12.11 2014고단3439
개발제한구역의지정및관리에관한특별조치법위반
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

No one shall construct buildings, change the use of buildings, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in development restriction zones without obtaining permission from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of Si

On March 9, 2012, the Defendant obtained permission for changing the form and quality of land in the name of Dong G under the pretext of creating good farmland by filling up land of 1,084m2, E, E, 1,855m2, and F, 1,855m2 (hereinafter “instant land”) on the land of 1,855m2, Jeonyang-gun, Seoyang-gun, Jeonyang-gun, a development-restricted zone.

Although the Defendant should develop the instant land only for the purpose of creating superior farmland as permitted, the Defendant used the instant land as a private soil site, unlike the content of the initial permission to change the form and quality of land by raising approximately 20,200 square meters and approximately 2.5 meters from May 2012 to October 18, 2013, when there was a lack of a sand shed to store earth and sand generated from the construction site of the “Enandong-dong Agricultural Reservoir reservoir in the agricultural village”, which was implemented at the Chang-gu, Yyang-gu, Yyang-gun, Changyang-gu, Seoul, Seoul, to use the instant land as a private soil site, by cutting down approximately 110,200 square meters of soil and sand generated from the construction site of the instant land from May 201 to October 18, 2013.

In this respect, the Defendant changed the form and quality of land without obtaining permission from the head of competent Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police suspect interrogation protocol against the defendant, H, and I;

1. Each statement made by the police officer in relation to J, I,K, L, and M;

1. Each report on investigation;

1. The filing of an accusation, a business trip report, a statement of opinion according to the restoration to the original state, the submission of land cadastre, a public notice of the original return to the ordering place, the contractor and the offender, and the report of illegal acts creating excellent farmland in development restriction zones, respectively;

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