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(영문) 대구지방법원 서부지원 2015.08.21 2015고정342
국토의계획및이용에관한법률위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

A person who intends to change the form and quality of land shall obtain permission from the head of a Si/Gun, etc.

Nevertheless, on July 2014, the Defendant, without obtaining permission, performed development activities by raising up approximately two meters of soil emitted from the construction site of a multi-family housing in the neighboring E industrial complex on the 1,403 square meters in Daegu-gun, Daegu-gun, and D 498 square meters in height.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of the police interrogation protocol of the accused;

1. On-site photographs;

1. The application of the relevant Acts and subordinate statutes to a location map and cadastral status;

1. Article 140 Subparag. 1 and Article 56(1)2 of the National Land Planning and Utilization Act, Article 56(2) of the Enforcement Decree of the same Act, and Article 51(2) of the Enforcement Decree of the same Act regarding criminal facts, the Defendant selected a fine, upon the construction site of apartment houses in the E-Industrial Complex, filled up the sand project at a height of about two meters from the instant land. In light of the current status of the use of surrounding farmland and the form of earth and sand filled up, etc., it is reasonable to deem that the Defendant’s act merely does not constitute an act for cultivation, such as the enhancement of soil capacity on the farmland on which the creation has been completed, and it is reasonable to deem that the act of the Defendant’s act was an act that affects the opening

In addition, the defendant asserts that raising up to 2 meters in height was not subject to permission.

However, Article 56(4)3 of the National Land Planning and Utilization Act and Article 53 subparag. 3(a) of the Enforcement Decree of the same Act are not more than 50 cm in height of minor banking, which may not be permitted pursuant to Article 56(4)3 of the same Act, and where it exceeds this, permission for development should be obtained as long as

Unlike the above provisions of the Act, if a public official in charge has a height not exceeding 2 meters, he/she shall obtain permission.

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