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(영문) 대구지방법원 경주지원 2020.02.06 2019고단447

국토의계획및이용에관한법률위반

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

[Judgment of the court below] Defendant A, as the director of B Co., Ltd. from June 26, 2017 and the director of the management headquarters of B Co., Ltd., managed the soil and stone gathering site of the said company located in 16 parcels, such as Sejong, and around March 21, 2019, Defendant A was the representative director of the said company, and Defendant B Co., Ltd is a corporation established for the purpose of stone, rock, sand and gravel gathering business.

Defendant

B Around December 18, 2013, a corporation obtained the first permission for development activities (such as 59,114 square meters, total amount of earth and rocks collected, 306,527 cubic meters, purpose of collection of earth and rocks and access roads, project period, August 31, 2014, project plan and permission details, etc. to complete development activities in compliance with the development activities, such as the purpose of collecting earth and rocks and access roads, project plan and permission details) from a racing-si, which is the competent authority, on or around December 18, 2013. A corporation obtained the permission for alteration of development activities (the existing permission for development activities shall be completed in accordance with the development activities, such as 16 lots, including C, 59,43 square meters, and total amount of earth and rocks collected, 497,314 square meters, and the project period from August 31, 2017) from the existing Si on October 12, 2017.

【Criminal Facts】

1. Defendant A

(a) A person who intends to engage in development activities by modifying matters permitted for development activities, such as collection of earth and rocks, shall obtain permission therefor from the competent authority;

Nevertheless, from the beginning of September 2017 to the end of March 2018, the Defendant engaged in development activities without obtaining permission for the alteration of development activities from the competent authorities, including collecting soil and rocks from approximately 204,670 cubic meters in excess of 497,314 cubic meters, which is the quantity of the earth and rocks already permitted, in excess of 49,314 cubic meters, without obtaining permission for the alteration of development activities from the beginning of September 2017 to the end of March 2018.

(b) A person who intends to engage in development activities, such as installation of structures, changing the form and quality of land, and gathering soil and rocks;