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(영문) 대전지방법원 논산지원 2017.08.18 2017고정101
국토의계획및이용에관한법률위반
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

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 Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of

In collusion with C, the Defendant: (a) performed construction works to create a mushroom growing site using equipment, such as cream and dump trucks, in collusion with C; (b) cut land in the area of e, F, G, and G 7,280 square meters from the middle of Jan. 2, 2016 to February 2, 2016 without obtaining permission from the head of Seosan-si; and (c) removed cut earth and sand from the area of Ha, I, and J 1,170 square meters; and (d) changed the form and quality of land by raising soil in the area of H, I, and J 90 square meters from the beginning of February 2016 to the beginning of March 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of suspects by each prosecutor with regard to C;

1. Statement made to K in the police statement;

1. Accusation against illegal development activities, and accusation against illegal acts;

1. Calculation of volume of each act (the number of pages 18 through 20, 53 through 55 of investigation records);

1. Application of Acts and subordinate statutes governing current status photographs;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 subparagraph 2 of the same Act concerning facts constituting an offense, Article 30 of the Criminal Act, and Article 140 of the National Land Planning and Utilization Act, and Article 56 of the same Act, 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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