국토의계획및이용에관한법률위반
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended separately.
1. The summary of the grounds of appeal is that the Defendants were aware of the fact that the Defendants engaged in the development activities without obtaining permission to change the development activities (hereinafter referred to as “the above acts”), and thus, criminal intent as to the violation of the National Land Planning and Utilization Act is recognized. Since there was no reply by the public official in charge that the Defendants need to obtain permission to change the development activities, there is no justifiable reason to believe that the Defendants’ act as stated in the instant facts charged was not a crime.
Nevertheless, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The facts charged in this case
A. Defendant A, a person who operates B established for the purpose of solar power installation business, was awarded a contract by C for the installation of solar power facilities, and the installation of solar power facilities was carried out in D at regular Eup.
Where the matters permitted for development activities are modified with respect to the installation of structures and changes in the form and quality of land, permission for change shall be obtained from the competent authorities.
Nevertheless, on March 23, 2018, the Defendant obtained permission for the development of 20 (total area: 614.08 square meters) of individual solar-light plates with a height of 2,407 meters on the ground of the above site from the site area of 1,485 square meters located in Jung-gu, Jung-gu, Jung-gu, Seoul, and changed the form and quality of the land by laying off the above solar-lights with a height of 490 square meters at a height of 490 square meters, without obtaining permission for the alteration of development activities from the competent authority, for the installation of solar power facilities to the mid of October of the same year.
Accordingly, the defendant was engaged in development activities without obtaining permission from the competent authorities.
B. Defendant B Co., Ltd. is a solar energy, solar energy, and boiler.