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(영문) 청주지방법원 영동지원 2015.01.08 2014고정58
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is the Director of the National Land Planning and Utilization Act (C).

Any person who intends to install a structure or alter the form of land due to cutting, banking, etc. shall obtain permission for development from the competent authority.

Nevertheless, on June 2014, the Defendant, without obtaining permission from the competent authority, installed a aggregate screening machine with a height of about 50 meters from the total width and height of 4,752 square meters, which correspond to a structure, in the aggregate of 5 lots outside D, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and changed the form of land by piling aggregate equivalent to about 15 meters in height.

2. Where a person who has reported the aggregate extraction intends to change the details reported, he/she shall report such change to the competent authority;

Nevertheless, the Defendant, without reporting the change to the competent authority, selected aggregate equivalent to approximately KRW 5,00 cubic meters from the land of approximately KRW 4,752 square meters, which was originally reported at the time and place specified in paragraph (1), and exceeds KRW 3,000 square meters in total, which is the initial report, at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. A report on each business trip;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 140 subparagraph 1 of the same Article, Article 140 and Article 56 (1) of the National Land Planning and Utilization Act concerning criminal facts, Article 50 subparagraph 5 of the Aggregate Extraction Act, and Article 32 (2) of the Aggregate Extraction Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (a) the Defendant led to the instant crime after arrival at the site of a aggregate selection machine during which the procedure for permission for change was delayed; and (b) the Defendant later arrived at the site of the instant crime on July 2014.

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