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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, as the owner of B’s land in Chungcheongnam-Gun, is a person who was permitted on April 5, 2018 to engage in development activities with a cut volume of 5,831 square meters and 5,012 square meters for the development activities for the creation of good farmland with respect to the said land from the head of the Simun-Gun.
Where matters permitted for development activities are modified, permission shall be obtained from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Governors,
Nevertheless, the Defendant, while engaging in the development activity from March 2019 to May 2, 201, added earth and sand in a quantity of 1,697 square meters to cut (a total of 7,528 square meters) without obtaining permission for change of the development activity, and changed the form and quality of land without permission by adding soil and sand in a quantity of 2,509 square meters (a total of 7,521 square meters).
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes, such as a location map, on-site photograph, business trip name, application for permission for development activities, earth and sand supply balance sheet, etc.;
1. Article 140 subparagraph 1 of Article 140 and Article 56 (2) and Article 56 (1) 2 of the National Land Planning and Utilization Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the Defendant committed the instant crime in spite of the fact that he/she had been punished for violating the National Land Planning and Utilization Act in 2011 and 2017, the completion of restoration work, and the fact that the Defendant’s figures desire to leave.