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(영문) 청주지방법원 제천지원 2021.02.25 2020고단462
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who sells, sells, or develops real estate under the trade name of “C Co., Ltd.” in Incheon City B.

1. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities to change the form and quality of the land;

Nevertheless, from February 2018 to July 2020, the Defendant performed an act of creating superior farmland by raising a maximum height of about 5 square meters by using a drilling season, etc. without obtaining permission from the competent administrative agency, on the part of the land owned by Jeju-si, E, F, G, and H, etc., with a total floor area of 5,895 square meters. Around February 2018 to July 202, the Defendant performed an act of raising high-quality farmland with a weight of about 1,094 tons, approximately 293 square meters, and a size of 293 square meters.

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;

A. Nevertheless, from February 2020 to July 2 of the same year, the Defendant: (a) 421m2 from among ditches, which are the State-owned property in Jeju City; and (b) sembling and using sembling and maring the maring machine without obtaining permission from the competent authority.

B. From February 2020 to July 20 of the same year, the Defendant: (a) laid up and used 186 square meters of ditches, which are the State property in the Jeju-siJ; and (b) laid up embbles and tins by using the refratator without obtaining permission from the competent authorities.

3. No one shall illegally occupy or use agricultural production infrastructure without justifiable grounds, such as cases where an emergency measure is required for the prevention of damage caused by a natural disaster or for lifesaving, etc.;

Nevertheless, the Defendant occupied and used the part of 421 square meters of the ditches, which are agricultural production infrastructure in Jeju City I, as above, at the time of the time indicated in Section 2-A, and occupied and used without justifiable grounds.

4. Violation of the Management of Mountainous Districts Act;

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