Where an implementer of an urban planning facility project prepares an implementation plan and obtains authorization from the Mayor, etc., and installs urban planning facilities not in compliance with the authorized details of the implementation plan, the Mayor, etc. may order necessary measures, and the person subject to such order shall not violate it.

Defendant

A is the representative of the C Housing Association 1 complex, and Defendant B is the representative of the same association 2 complex. On May 2018, the Defendants jointly applied for authorization of an implementation plan for urban planning facility project with the content of “establishment of pedestrian overpasses with lower-structured structure on the D-do Road” in the Gimhae City Mayor. On July 13, 2018, the Defendants were designated as the project implementer with the authorization of the above implementation plan from the Kimhae market.

However, unlike the implementation plan approved, the Defendants were ordered to order the correction and improvement from the Kimhae market on April 3, 2019, which revealed that the lower structure of the pedestrian overpasses was built as a steel structure, not a reinforced concrete structure, but did not comply with the order.

Accordingly, the Defendants conspired to violate the order to take measures in the Kim Sea Market.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. An order to correct or improve educational facilities;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 142, 133 (1) 15-3 and 88 of the National Land Planning and Utilization Act concerning facts constituting an offense; Article 30 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Penalty of each fine to be suspended, 2,000,000 won;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (100,000 won per day);

1. Determination as to the assertion of Defendants and defense counsel under Article 59(1) of the Criminal Act of the Suspension of Sentence

1. The order to take measures on April 3, 2019 of the Kimhae market is to replace the lower structure of the above pedestrian overpasses from the steel structure to the reinforced concrete structure by April 30, 2019, and within the implementation period.