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(영문) 창원지방법원 통영지원 2017.10.16 2017고정207

국토의계획및이용에관한법률위반

Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A is the representative of the Bank of Korea, who is engaged in the commercial business of high water.

A person who intends to engage in development activities, such as changing the form and quality of land, must obtain permission from the competent market, but the defendant, on January 2013, 2013, changed the form and quality by packaging concrete with a volume of 620 square meters into 520 square meters into Da-si, which is the place of business of the Sinman Investment Bank Co., Ltd. (YYB, 975 square meters).

B. Defendant B Co., Ltd. is a corporation established for the purpose of waste transport and collection business, high water commercial business, etc.

The defendant, a representative director, committed such a violation with respect to the business of the corporation A.

2. According to the evidence duly adopted and examined by this court, Defendant A engaged in the waste transport and collection business by leasing the instant land around January 2010, and registered the establishment of B Co., Ltd. on April 24, 2012. Defendant A, prior to the lease of the instant land, around May 2009, can recognize the fact that a concrete package has already been contained in the instant land.

Ultimately, the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged that Defendant A had changed the form and quality of a concrete package by leasing the instant land before January 2010, and there is no other evidence to acknowledge it.

3. In conclusion, since each of the facts charged in the instant case against the Defendants constitutes a case where there is no proof of crime, each of the facts charged in the instant case constitutes a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence under the proviso of Article 58(2) of