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(영문) 대구지방법원김천지원 2020.11.11 2020고단762
국토의계획및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Any person who intends to engage in development activities, such as constructing buildings, installing structures, changing the form and quality of land, shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis

Nevertheless, the Defendant, from December 2019 to March 3, 2020, obtained permission from the field located in Kimcheon-si, Kimcheon-si, without obtaining permission from the Kimcheon-si, and used sckes to cut approximately KRW 2,000 square meters of the total area of the above land by cutting off approximately 3,810 square meters from 2 to 8 meters, thereby changing the form and quality of the land.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written statements of D;

1. The accusation site, location map and site photograph, background photograph of the unlawful damaged area, and the site for photograph;

1. Investigation report (hereinafter “National Land Planning Act”) (hereinafter “National Land Planning Act”) (hereinafter “National Land Planning Act”) on the ground that the accused and the defense counsel committed the act of cutting the ground as stated in the facts constituting a crime for the purpose of cultivating the same purpose as that of the Defendant.

Article 56(1)2 of the National Land Planning Act and Article 51 subparag. 3 of the Enforcement Decree of the National Land Planning Act provide that any change in the form and quality of land (a change in the form and quality of land by cutting, filling, leveling, and paving) is excluded from the permission of the competent authority, but the change in the form and quality of land prescribed by Presidential Decree is excluded from the case for farming. According to Article 51(2)4 of the Enforcement Decree of the National Land Planning Act, the change in the form and quality of land for the cultivation of crops, the enhancement of soil productivity and the enhancement of productivity of farmland, the change in the form and quality of land for the installation of takeover and drainage facilities is excluded from the said permission, but it does not fall under cases where retaining walls or the construction of retaining walls or the construction of 2 meters or more is accompanied by cutting and banking (Article 51(2)4 at the time of the amendment of the Enforcement Decree of the National Land Planning Act on August 6, 2019).

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