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(영문) 청주지방법원 제천지원 2017.02.16 2015고정26
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 11, 2014 and April 21, 2014, the Defendant: (a) filed an application for permission to engage in development activities with the competent authority to the effect that, with respect to farmland of a total of KRW 7,142 square meters in Dacheon-si, D, E, F, G, and H, the Defendant would create the superior farmland by making use of the quality of earth and sand.

Nevertheless, the Defendant:

A. From April 11, 2014 to April 25, 2014, in farmland located in C, D, E, F, G, and H, farmland with a total of 7,142 square meters in size is diverted to farmland without permission by either reclaiming or piling up rocks, such as blasting rocks taken out from the construction site, contrary to the premise for the aforementioned development activities, and not by using high-quality earth and sand in breach of the aforementioned development activities.

B. From April 11, 2014 to April 25, 2014, farmland of an aggregate of the area of 3,384 square meters was diverted in farmland by piling up the rocks, etc. taken out from the construction site without obtaining permission from the competent administrative agency, to around 3.5 meters, without obtaining permission from the competent administrative agency.

2. Where a person who has violated the National Land Planning and Utilization Act intends to modify matters for which permission for development has been obtained, he/she shall obtain permission from the competent authority;

Nevertheless, as described in paragraph (a) above, Defendant 1, as between April 11, 201 and April 25, 2014, intended to change the form and quality of land by reclaiming or piling up in farmland rocks, such as blasting rocks, which have already been taken out of the construction site, differently from the method of engaging in the act of filling up in farmland by obtaining permission from the competent authorities, and by using high-quality soil stations, but did not separately obtain permission from the competent authorities.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Investigation reports (the counter party who is the defendant) ( telephone conversations), investigation reports (the P of witness P and Q counterpart investigation), investigation reports (the counter party to the construction R of the same Annex).

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