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(영문) 대구지방법원 서부지원 2015.08.21 2015고정464
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the owner of farmland in Daegu-gun, and Defendant B is the representative of G in F in Daegu-gun, Daegu-gun.

In order to raise landscape trees in the above farmland, the Defendants decided to fill the above farmland in a way that they bring about to the above farmland by transporting the sand and bring it to the above farmland.

Anyone who intends to change the form and quality of land shall obtain permission for development activities from competent authorities.

Nevertheless, on May 2014, the Defendants conspired to do so and did not obtain permission from the competent authorities for development activities, and filled up the amount of 1m away from the above farmland without permission.

Accordingly, the Defendants conducted development activities without obtaining permission.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. The witness B’s legal statement (as to the defendant A)

1. The suspect interrogation protocol of the police as to B;

1. Some statements in the police suspect interrogation protocol of A (including B statements);

1. Recording records;

1. Application of the location map, on-site photographs, and statutes;

1. Article 140 subparagraph 1 of Article 140 and Article 56 (1) 2 of the National Land Planning and Utilization Act, Article 30 of the Criminal Act and Article 30 of the fine for the selection of a punishment for criminal facts [it can be sufficiently recognized that Defendant A consented to an act of changing the form and quality of the land in this case and permitted the act of changing the form and quality of the land in this case in full considering the consistent statement and record of the defendant B, the relation between the defendants et al.

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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