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(영문) 수원지방법원 여주지원 2018.07.20 2018고정391
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to alter the form and quality of land, such as cutting of ground, shall obtain permission for development from the competent authority.

Nevertheless, on April 2016, the Defendant cut the land slope to approximately 4.06 meters high ( approximately 35.95 meters high) and changed the form and quality of land without obtaining permission for development activities from the number of 513 square meters away from the permitted area among the above forests and fields, and performed construction works after obtaining a building permit to create a site for electric source in the 661 square meters of land among 3,326 square meters of Gyeonggi-gun B forest and fields.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement C and D;

1. A certificate of all the matters on the register (B), a report on changes in the purpose of use on construction, large-scale repair, a source for confirmation of a land use plan, a survey map, a previous survey map, a damage prevention plan map, a survey map, an old map, a permanent map, a latitude, a latitude, a crosssection, and on-site photographs;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) 2 of the Act on the Planning and Utilization of Criminal Facts (Selection of Penalty) concerning the punishment;

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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