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(영문) 대구지방법원 2016.12.16 2015노4594
국토의계획및이용에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, although the court below found the Defendants not guilty of the facts charged in this case, although the Defendants could fully recognize the fact that each owned land was filled up at a volume of two to five

2. Determination

A. The summary of the facts charged in the instant case concluded a contract with X to transport and process sand generated from the destruction of the Y apartment site in Daegu-gu Y apartment site, and then discovered the land located in Daegu-gu Z with low ground while the sand is emulated, and concluded a private land supply contract with Defendant A and Defendant B with intent to find the land located in the Daegu-gu Z with low ground and to conduct the banking project on the land located in the same day, and then, WT planned to play a role in obtaining the consent of the prop.

1) Defendant A is a landowner who owns a Daegu AB 480 square meters. A person who intends to engage in development activities shall obtain permission from the competent administrative authority. Nevertheless, the Defendant, without obtaining permission from February 2, 2014 to March 2, 2014, caused Company W to fill the said land in a volume of 2 to 5 meters, thereby violating this. (2) Defendant AA is a landowner who owns the said land in a quantity of 188 square meters, DA 107 square meters, DB 1,107 square meters, DB 450 square meters, DB 450 square meters, DB 40 square meters, DB 40 square meters, DB 542 square meters, DE 177 square meters, DF 228 square meters, DG 1,825 square meters.

Any person who intends to engage in development activities shall obtain permission from the competent administrative agency.

Nevertheless, the Defendant, without obtaining permission from December 2, 2013 to March 2014, 2014, caused the following land to be filled up by 2 to 5 meters, and violated this.

3 Defendant B is a landowner who owns AC 991 square meters and 587 square meters prior to AD.

Any person who intends to engage in development activities shall obtain permission from the competent administrative agency.

Nevertheless, the Defendant, without obtaining permission from December 2013 to March 2014, 201, laid down the above land from W with the volume of 2 to 5 meters.

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