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(영문) 대전지방법원 홍성지원 2013.06.21 2012고단380
국토의계획및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the heavy equipment business in the trade name B.

Any person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development activities from the competent authority, and when he/she intends to modify matters permitted for development activities, he/she shall obtain permission for

1. The Defendant, without obtaining the aforementioned permission for development activities, employed booms articles from around April 201 to around December 2012, 201, and engaged in development activities with respect to Bocheon-si, a neighboring land. The Defendant performed development activities without obtaining permission for development activities with a depth of 9.3 meters for E-2,307 square meters of forest land owned by Bocheon-si, a planned management area under the National Land Planning and Utilization Act, which is a planned management area under the National Land Planning and Utilization Act, on which no permission for development was granted, 2.1 meters of depth for F-owned G forest land, and 2.1 meters of depth for 31 square meters of land before H, and conducted development activities without obtaining permission for the total area of 2,391 square meters of land by altering the form and quality of land.

2. On April 21, 201, the Defendant: (a) obtained permission for development activities to collect earth and sand with a depth of 3.7 meters in depth for the purpose of creating good farmland for the purpose of creating good farmland; and (b) obtained permission to cut the ground by using sckes; and (c) obtained permission to change the depth of cutting if the cutting depth has been changed, the Defendant, without obtaining such permission; (d) employed sckes from around April 201 to December 201; (e) employed 8.5 meters in depth from the above land to cut the ground and performed development activities without obtaining permission to change the permitted content.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Examination protocol of police suspect regarding D;

1. A written accusation;

1. A cadastral ground plan, current status plan, cross-section plan, earth table, and soil statement;

1. Application of Acts and subordinate statutes of photograph (Evidence No. 6, 7 pages);

1. Article 140 of the National Land Planning and Utilization Act concerning criminal facts and the choice of punishment;

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