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(영문) 부산지방법원 동부지원 2016.07.06 2016고단710

국토의계획및이용에관한법률위반

Text

Defendant

B Imprisonment for eight months and for six months, each of the defendants A shall be punished by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B is the representative of the LAC and the defendant A is the owner of dry field D located in Busan Metropolitan City, as a person who operates a dry field under the direction of defendant B.

The Defendants conspired to change the form and quality of land by preparing for the spring border and the long-term drainage and disposing of soil mixed with wastes collected from construction sites, etc.

From August 2015 to May 11, 2016, Defendants ordered Defendant B to perform illegal banking works with soil mixed with waste. Defendant A accordingly made illegal banking at a higher level than an average of at least four meters than the permitted height (2-3 meters) with respect to the aggregate of the above D field F, G, and H land size 6,261 square meters. From August 201 to May 11, 2016, Defendants changed the form and quality of land by illegally raising the aggregate of the 1, J, K, L, M, N, P, Q, Q, and R size 18,501 square meters at an average of 4 meters without any permission.

Accordingly, the Defendants conspired to engage in development activities without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Attached documents, such as a written accusation and photograph, report on investigation (related to the details of accusation) and application of statutes as a result of soil contamination inspection;

1. The Defendants: Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act, Article 30 of the Criminal Act (the choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act for the suspension of execution (the following sentencing shall be considered in light of the favorable circumstances in mind):

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are significantly widening the size of the Defendants’ changing the form and quality without permission, and the Defendants appears to have obtained a lot of economic benefits by illegally reclaiming and banking construction wastes, etc.

However, the Defendants recognized the facts charged.