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(영문) 부산지방법원 2013.09.27 2013노977

국토의계획및이용에관한법률위반등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant: (b) only performed installation works of soil gate in order to prevent the collapse of earth and sand on the area of 212 square meters in Busan Shipping Daegu H212 square meters; (c) and (d) did not perform construction works of underground floors; (d) thus,

2. According to the evidence duly admitted and examined by the lower court and the trial court, the Defendant purchased H forest land adjoining the said land (hereinafter “instant land”) and decided to construct studio-type housing instead of office-use facilities on each of the instant land while performing construction works with a building permit for office-use facilities on the land, such as Busan Shipping Daegu D, E, F, and G, and the Defendant sufficiently recognized the fact that the instant land was commenced with construction works for studio-type housing on the instant land without a design change approval after purchasing the instant land from the State around June 201, and without a design change approval, the Defendant’s assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.