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(영문) 창원지방법원 마산지원 2018.12.14 2018고정310
국토의계획및이용에관한법률위반
Text

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

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

Reasons

Punishment of the crime

When any change is made to the matters permitted for development activities, permission from the competent authority shall be obtained.

On June 6, 2018, the Defendant obtained permission for development by making use of a high-quality embanking in D and six parcels at the factory site in Changwon-si, Changwon-si B and C, Changwon-si, and obtained permission for development activities.

However, without obtaining permission from the competent authorities to change development activities, from F, a recycled aggregate producer of recycled aggregate in the Gu E in the Chang-si, the city of Chang-si, and filled up or suspended aggregate without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to G and H;

1. Each investigation report, location map, and field photograph;

1. Application of the written accusation and written statements to statutes;

1. Article 140 subparagraph 1 of the same Act and Article 56 (2) of the National Land Planning and Utilization Act concerning facts constituting an offense;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the defendant embling aggregate (a closed main body) mixed with recycled aggregate is not subject to permission to change development activities.

2. The following circumstances acknowledged by the evidence duly completed the investigation in this court, i.e., (i) a public official in charge of the affairs of the development permit at the time, upon receiving an application for the development permit from the Defendant Sweak-gu, Changwon-si, Changwon-si to the effect that he would fill the ground by using a high-quality earth and sand (12,027 square meters) located in D and six parcels of Changwon-si, Changwon-si, and (ii) he directly visited the embling site and determined that there was no problem as a result of the result, and (iii) He confirmed that the embling work at the site of this case was conducted by mixing aggregate (a closed water station) with soil and sand different from the original purpose of the permission as a result of the occurrence of a civil petition (the residents who filed a civil petition).

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