beta
(영문) 대구지방법원 2017.08.11 2016고정2683

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A A The fine of KRW 3 million, the fine of KRW 2 million for Defendant B, and the fine of KRW 2 million for Defendant C.

Reasons

Punishment of the crime

Defendant

Co., Ltd. is a corporation established for the purpose of the construction waste collection and transportation in Yongcheon City, E, and the defendant A is the representative of the above Co., Ltd. (in-house director) and the defendant B is the former duties of the same company.

No act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up goods, etc. shall be allowed in a zone subject to development restriction.

1. Joint crimes committed by Defendant A and Defendant B

A. The above Defendants planned to reclaim soil and rocks generated at the construction site of “G” located in the Daegu Dong-gu, Daegu-gu.

Therefore, the Defendants, without obtaining permission from the competent authority from October 25, 2015 to December 2, 2015, sold 44,909 square meters in depth in a zone where the total area of H, I, and J is 4,909 square meters, and transported soil and rocks emitted from the construction site of the apartment with a dump truck, and transported them to a dump truck, thereby raising the original ground at approximately 0.37m to 1.08m.

Accordingly, the above Defendants conspired to commit an act of changing the form and quality of land in the development restriction zone.

B. The said Defendants, without obtaining permission from the competent authority in accordance with the plan set forth in the preceding paragraph from December 2, 2015 to June 29, 2016, stored approximately 1,000 tons of soil and stone, such as sand and gravel, generated in the course of selling a Gu, citing the foregoing paragraph, in the development restriction zone of the total area of 44,909 square meters in Daegu Suwon-gu H, I, and J from around December 2015 to June 29, 2016.

As a result, the above Defendants conspired to store goods in the development restriction zone.

2. A and B, the representative director of the Defendant C Defendant C, committed the same act as that of the Defendant’s business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness K, L and M;

1. Statement made by the police with respect to the N;

1. Field cadastral map;