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(영문) 대구지방법원 2018.01.26 2017고정1909
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

The Minister of Construction and Transportation, a Mayor/Do Governor, or the head of a Si/Gun/Gu may suspend construction works, rebuild or relocate structures, etc., or take other necessary dispositions or order them to take other necessary measures, where development activities are conducted without obtaining permission for development activities or permission for modification in the form and quality of land.

From February 2015 to March 2017, the Defendant engaged in development activities, such as changing the form and quality of earth and sand, by embling in 13 lots, such as Glurg Group C, and without obtaining permission for development activities. From February 27, 2015 to April 28, 2017, the Defendant issued an order to restore development activities to its original state, but failed to comply with an order to take measures without justifiable grounds.

As a result, the Defendant violated the order to restore the original state of development activities in the number of lurlite forces.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each voluntary statement in preparation of D or E;

1. A written accusation against a person who violates the Farmland Act, a complaint, or an accusation against the person who has committed an illegal diversion of farmland, a farmland management card, photograph site, location map, land register, land use plan, confirmation certificate, a cadastral map, a certified copy, cooperation with measures related to illegal development, a location map and field photograph, on-site verification based on each illegal diversion of farmland, and a text of each judgment (Tgu District Court 2016 order 1276);

1. Application of an investigation report (verification as to whether the portion filled up by a public official in charge of accusation is restored to the original state), accusation or accusation against the violator of development activities, the location map, and statutes governing field photographs;

1. Relevant Article of the National Land Planning and Utilization Act and Articles 142 and 133 (1) 5 of the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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