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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is the owner of land B in Gyeonggi-gun Group.
Any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a
Nevertheless, on December 15, 2017, the Defendant cut the land in order to use it as a stock farm without permission of the competent authority, cut the ground, and filled up the ground, and performed an act of changing the form and quality of the land.
Summary of Evidence
1. Statement by the defendant in court;
1. A charge book, accusation note, statement of accusation, and on-site photograph of an illegal act;
1. Application of statutes to the register of land;
1. Article 140 Subparag. 1 of the National Land Planning and Utilization Act and Articles 140 and 56(1) of the same Act concerning criminal facts, the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and the defense counsel asserted that the Defendant’s Defendant’s act is limited to 2,000 square meters where the depth of cutting and the level of raising the earth exceeds 50 centimeters among the land of 10,000 square meters cut and filled, and the remainder is not less than 50 centimeters where the depth and raising the earth does not reach 50 centimeters, and this constitutes “a minor act that may not be permitted” under Article 56(4)3 of the National Land Planning and Utilization Act and Article 53 subparag. 3(a) of the Enforcement Decree of
Article 56(4)3 of the National Land Planning and Utilization Act and Article 53 subparag. 3(a) of the Enforcement Decree of the same Act provide that where cutting is performed within 50cm in height or within 50cm in depth, permission from the competent authority is not required. This is related to the case where cutting is performed within 50cm in height or 50cm in depth in height in the whole land subject to cutting, and a part of the land subject to cutting is cut within 50cm in height or 50cm in depth.