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(영문) 수원지방법원 여주지원 2016.11.25 2016고단1079
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

Nevertheless, in July 2016, the Defendant changed the form and quality of the land with a height of 904 square meters, C 887 square meters, D 242 square meters, E-road 125 square meters, F-road 400 square meters, G road 133 square meters, H road 333 square meters, H road 40 square meters, J road 40 square meters, J road 8 square meters, J road 30 square meters, J road 30 square meters, 3072 square meters at an average of 5.25 meters, without obtaining permission from the head of Gyeyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Degree of checking illegal land conditions;

1. Current status map of the use of illegal land;

1. The application of Acts and subordinate statutes to a criminal investigation report (attached to a corrected accusation);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Articles 140 and 56 (1) 2 of the Act on the Planning and Utilization of Criminal Records and the Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition in consideration of all the circumstances such as the size and height of the defendant's illegal banking ground for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, the circumstance that the defendant embling ground on the land in this case was made, and the situation that the height of the earth banking ground is within 2 meters following the crime.

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