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(영문) 창원지방법원 진주지원 2016.08.25 2016고정319
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the National Land Planning and Utilization Act is the owner of B forest land No. 3,967 square meters in Jinju-si.

A person who intends to engage in development activities shall obtain permission from the competent authorities, such as the head of the Si/Gun, but on April 2014, the Defendant laid earth and sand to make approximately five meters high in the area of about 300 square meters among the above forest land, without obtaining permission from the competent authorities, and thereby changing the form and quality of the land. From April 2014 to October 2015, he/she he/she he/she he/she he/she he/she stored materials for rest, such as weather and other materials at the same place as described in the above paragraph (1), which is a green area for production without obtaining permission from the competent authorities.

2. A person who intends to reclaim public waters in violation of the Act on the Management of Public Waters and Reclamation shall obtain a license to reclaim public waters from the reclamation authorities, such as the Minister of Oceans and Fisheries, but around August 2015, the Defendant buried a parcel of land 25 square meters by using stones, soil, etc., in order to create access roads to enter the land owned by the Defendant under the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, E, F, and G;

1. Application of statutes to correct the details of an accusation against an illegal change in form and quality (including attached documents);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act concerning facts constituting an offense; Article 62 subparagraph 4 of the Act on the Management and Reclamation of Public Waters and Articles 62 and 28 (1) of the same Act;

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

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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