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(영문) 전주지방법원 정읍지원 2016.07.19 2015고단26
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A person who intends to engage in any act of violating the National Land Planning and Utilization Act, or changing the form or quality of land in violation of farmland Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Cities, or heads of Sis/Guns, and a person who intends to divert farmland shall obtain permission from the Minister of Agriculture

Nevertheless, from May 15, 2014 to July 1, 2014, the Defendant cut and filled up (one meter in depth) by using a excavation cutting machine without permission from the competent authority, on approximately 5,000 square meters of land owned by the former Northwest-gun, C, D, E, and F, a farmland outside the agricultural promotion area, from around May 15, 2014 to around July 2014.

As a result, the defendant committed an act changing the form and quality of land and diverted farmland without obtaining permission to divert farmland.

2. The thief was stolen by means of transporting 15 tons of dump trucks after collecting aggregate amounting to KRW 5,010,000,000, which is owned by the victim Korea Rural Community Corporation, from 10,010 cubic meters of the market price, for the purpose of stockpiling a fish farm embankment operated by the Defendant at the same time and place as the above paragraph (1).

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. A written accusation against a violator of the National Land Planning and Utilization Act;

1. Each statement of H and I prepared;

1. A report on investigation (related to confirmation as to whether an agricultural promotion area exists) and a report on investigation (related to calculating the amount of damage);

1. Grounds for the delivery of civil petitions for illegal occupation of farmland, and for the calculation of unjust profits from illegal soil gathering, such as the current status of illegal damage to land B in the Bupyeong-gun, the notification of restoration to the original state of illegal development land;

1. A cadastral map of the farmland information system and a partial certificate of registration;

1. Map of location, on-site photographs, and photographs of the scene of illegal gathering of earth and sand;

1. Application of the written estimate statutes;

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the same Act (a point of an unauthorized development act) concerning facts constituting an offense, and farmland law;

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