국토의계획및이용에관한법률위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is only the construction of a simplified swimming pool in this case and facilities incidental thereto under P’s instruction. Since the court below recognized the Defendant as the principal agent of each of the facts charged in this case and punished the Defendant as violating the National Land Planning and Utilization Act, the court below erred by misapprehending the facts.
2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, the defendant, from the investigative agency to the court below, stated that the defendant had installed a simplified swimming pool and a container, etc. in Mongolia, which is a facility incidental thereto, from the investigation agency to the court below, in order to establish and operate a simplified swimming pool, it is sufficiently recognized that the defendant installed a simplified swimming pool and its ancillary facilities without obtaining permission as stated in the facts charged in this case, and until that time, P was not mentioned as to the person P., Q Gongm and the chairperson of the clan of the above simplified swimming pool, who is the owner of the above simplified swimming pool, proposed that the defendant paid rent from the above land to operate a simplified swimming pool. The defendant stated that P was the subject of the above installation and operation, and that the defendant did not submit any material related thereto.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.