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(영문) 수원지방법원 2013.04.12 2013고단421

국토의계획및이용에관한법률위반

Text

Defendants shall be punished by each fine of KRW 6,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

In order to change the form and quality of land, permission shall be obtained from the competent authority.

Defendant

A is the owner of the four lots of land, such as D in the ethic City, and the defendant B is the representative director of the (ju) F in the ethic City.

Defendant

A, with the knowledge of Pyeongtaek in 2007, requested Defendant B to create 33,552 square meters of land on 4 lots, such as Chosung-si D, which is suitable for selling it to others.

On November 1, 2007, the Defendants intended to perform civil engineering works after obtaining approval for factory construction on a size equivalent to 28,552 square meters of the above land from the Sung-si, which is the competent authority. However, while the Defendants did not appear to purchase the above land, the Defendants expressed their intent to purchase the above land by the industry around January 201, 201, and started construction works from July 2012.

After the lack of earth and sand necessary to fill the above land on which approval of factory construction was granted during the construction process, the Defendants recruited part of G land of 4,481 square meters and recruited to cover the shortage of earth and sand, which is part of G land without obtaining permission, and changed the form and quality of land by cutting off the land by using heavy equipment, such as scrain, etc., without obtaining permission from the competent authority on July 2012.

As a result, Defendants conspired to engage in development activities without permission.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement prepared by H;

1. A written accusation;

1. Application of Acts and subordinate statutes governing adjustment of land status;

1. Relevant legal provisions and Articles 140 subparagraph 1 and 56 (1) of the National Land Planning and Utilization Act, Article 30 of the Criminal Act, and the choice of a fine for negligence (the fact that the accused is divided and whose restoration to original state is completed; the circumstances leading to the crime in this case and the relationship of criminal record, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;