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(영문) 수원지방법원 여주지원 2017.08.08 2016고단1604
국토의계획및이용에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as changing the form and quality of land, in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority, and the same shall also apply where permitted matters are changed;

On June 9, 2014, the Defendant: (a) obtained permission for the development of farmland on farmland 5,827 square meters of farmland 5,827 square meters in Tonju-si and four parcels; (b) on December 9, 2015 to May 2016, the Defendant buried and used the said land as a waste site by mixing the inorganic sludge, which is a waste that cannot be used for the said farmland, with 1:1 square meters, without obtaining permission for the alteration of development activities from the competent administrative agency, from December 2, 2015 to May 2016.

2. When any person who has violated laws of farmland intends to divert farmland, he shall obtain permission to divert farmland from the competent authorities;

Nevertheless, as described in paragraph 1, the Defendant buried farmland in the agricultural promotion area without obtaining permission from the competent authorities, and buried in the same proportion as Mastoma and 1:1.

Summary of Evidence

1. A statement by the defendant partially made of his/her use of inorganic sludge as at the time and place of the ruling;

1. Statement made by the police for E;

1. A written accusation for the preparation of the E or F;

1. Determination as to the assertion of the Defendant of the report and his defense counsel as a result of the business trip

1. The summary of the assertion falls under the wastes suitable for the filling of farmland permitted by the Wastes Management Act, which are used by the defendant for the filling of farmland in this case as recyclable wastes, and is deemed inappropriate for the cultivation of agricultural crops on the basis of the farmland business manual published by the Ministry of Agriculture and Forestry;

Since it is not a waste that can not be used for agriculture, the act of using the above inorganic sludge in farmland banking is merely a development act that meets the original purpose of permission, not a reclamation of wastes, and the defendant uses the above inorganic sludge.

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