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(영문) 전주지방법원 2013.10.17 2013고단1122
국토의계획및이용에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

[2013 Highest 1122]

1. Around October 25, 201, Defendant A, as an aggregate extraction business entity, obtained permission for land development activities to gather 81,765 square meters in depth from Kim Jong-si, E, F, G, H, I, J, K, L, L, M, N, andO land 22,751 square meters from Kim Jong-si, Kim Jong-si. Around October 25, 201.

Any person in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority in order to engage in development activities, and the same applies to changes in permitted matters. However, from September 14, 2012 to November 4, 2012, the Defendant cut soil and rocks exceeding 1.3m to 34,00m in depth over 1,97m or 3.6m of the permitted depth over 6.33m or 3.6m, and collected soil and rocks from 34,000m or more in depth over the 1,970m or more before Kim Jong-si, and collected soil and rocks from 4,000m or more in depth over the 1,00m or more of the P, and cut soil and rocks from Q and R to 300m or more in depth over the 300m or more of the land.

As above, the Defendant engaged in land development activities without obtaining permission from the competent authorities or changing permission.

B. On October 2012, the Defendant violated the Farmland Act: (a) cut land of up to 8.0 meters in depth on the 1,970 square meters prior to Kim Jong-si P; (b) cut earth and rocks of up to 4,000 cubic meters; and (c) cut earth and rocks of up to 1.0 meters in depth on Q and R; and (d) cut earth and rocks of up to 300 cubic meters in width on the 300 cubic meters and collected earth and rocks.

The defendant used farmland for another purpose without obtaining permission from the competent authority to temporarily use farmland for another purpose.

[2013 Highest 1891]

2. The same applies to the case where Defendant A obtained permission from the competent authority to engage in development activities, and the same applies to an alteration of permitted matters. However, the Defendant was granted permission to cut the ground from the competent authority to the date of December 10, 2012 to January 13, 2013 to the date of Kim Jeju-si, E, E, F, G, H, G, I, J, K, L, M, N, andO, while the Defendant was 6.3 meters in depth.

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