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(영문) 대구지방법원 2016.04.15 2016고정324
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a co-owner of B (6,340 square meters), C (1,526 square meters) and D (1,267 square meters).

Anyone who intends to engage in development activities concerning changing the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor.

Nevertheless, the Defendant did not obtain permission of the number of lurgs, and filled up land equivalent to approximately three meters in height of 1,280 square meters in the above land from June 10, 2015 to July 5, 2015.

Accordingly, the Defendant conducted development activities on changing the form and quality of land without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. Application of documents confirming a land use plan, land register, location map, street photographs, and cadastral map statutes;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the Act on the Planning and Utilization of Criminal Facts (Selection of Penalty) concerning the punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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