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(영문) 대구지방법원 포항지원 2018.01.10 2017고정476
국토의계획및이용에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 2,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to change the form and quality of land of Defendant A shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors, or heads of Sis/Guns;

Nevertheless, on May 2017, the Defendant cut and filled up the entire field of dry field by cutting the area high on the surface of dry field in the form of forests and fields that is located in the north-gu C prior to the port in the north-gu, Posi, and he stored a tin of about 3-meter high height of 47 meters at the boundary adjacent to the north-gu, Pohang-si, and he stored a tin of at least 47 meters high.

As a result, the Defendant changed the form and quality to a large area of 3,876 square meters without obtaining permission to change the form and quality of land.

2. A person who intends to change the form and quality of land under Defendant B shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors, or heads of Sis/Guns.

Nevertheless, on May 2017, the Defendant cut and filled up all sections of dry field with a size of 827 square meters wide from 827 square meters in the lower land by cutting a place high on the surface of dry field in the form of forest land located in North-gu, Chungcheongnam-gu, Seopo-gu, Seopo-si, in the form of forest land.

Accordingly, the Defendant changed the form and quality of land without obtaining permission for changing the form and quality of land.

Summary of Evidence

1. Defendants’ legal statement

1. E statements;

1. A written accusation;

1. Current status map of illegal development;

1. A certified copy of the register and a land register;

1. Application of on-site photographs and the current status of the site of the case statutes;

1. Relevant Article of the National Land Planning and Utilization Act and Articles 140 subparagraph 1, 56 subparagraph 1, and 56 subparagraph 1 of the National Land Planning and Utilization Act concerning criminal facts, and the choice of fines (the defendants are both primary offenders, and all other circumstances, such as the motive, circumstance, etc. of the violation in this case);

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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