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(영문) 부산지방법원 2013.07.18 2013고정51

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the owner of 2,916 square meters of land C in Kimhae-si, the development restriction zone of which was designated by the Minister of Land, Transport and Maritime Affairs (hereinafter “instant land”); D is an employee of the F Co., Ltd., who was the head of the site office of the said construction in the name of “E” from January 8, 2008 to December 31, 201, under the name of “E” from the vicinity of the instant land to December 31, 201.

1. Defendant A and Defendant D’s co-principal Defendant and D conspired with each other to fill the form and quality of the land at a level of approximately 1.3 meters on the instant land, which is a development restriction zone, from around April 201 and around August 201 to around December 2011, without obtaining permission from the competent authorities.

2. Defendant A refused to comply with the corrective order issued on June 12, 2012 and July 3, 2012, with respect to the instant land illegally filled, as set forth in paragraph (1) without justifiable grounds, despite being notified of the corrective order to restore it to its original state on two occasions on June 12 and July 3, 2012.

"2013, 85"

1. From 09:00 to 10:30 on July 16, 2012, the Defendant: (a) received a notice from F Co., Ltd. to order F Co., Ltd. to remove illegally reclaimed wastes (waste concrete and mixed soil and sand) buried in the Defendant’s farmland, which were located in F Co., Ltd. in the Defendant’s farmland, from Kimhae-si to 2,916 square meters, from Kimhae-si, the Defendant intended to dispose of them using booms.

However, the Defendant interfered with the petitioner’s waste treatment business by using force that is going on the cateral vehicle run by F Co., Ltd. for the reason that F does not interfere with legitimate compensation and sound to the cateral engineer.

2. From July 20, 2012 to 09:00 to 10:00, the Defendant interfered with F’s waste disposal business of a stock company in the same place as that of paragraph (1) in the same manner as that of paragraph (1).

3. The Defendant is identical to paragraph (1) from July 21, 2012 to 09:0 to 10:00.