Text
Defendant
A shall be punished by imprisonment with prison labor for six months, and by a fine of ten million won for Defendant B.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is a substantial representative as a director of the company B, and the defendant B (hereinafter referred to as "defendant B") is a corporation established for the purpose of real estate development business.
Defendant
A around November 2017, as the duties of the Defendant Company, performed the construction of the electric source housing complex called “D” in the Gyeonggi-gu Gyeonggi-gun C.
1. Defendant A
(a) Any person in violation of the National Land Planning and Utilization Act shall obtain permission for development activities from a competent administrative agency, such as the Special Metropolitan City Mayor, etc., if he/she intends to excavate the land in a river area, fill the ground, cut the ground and alter the form and quality of land in a river area, as prescribed by Presidential Decree;
In addition, no person shall use or benefit from any administrative property which is State property unless it complies with the procedures and methods prescribed by the State Property Act or other Acts.
Nevertheless, from November 201 to December 201 of the same year, the Defendant, without permission from a river management agency and permission from the competent authority, filled up the aggregate of 79 square meters in Gyeonggi-gun E, Gyeonggi-do, 720 square meters and F 198 square meters, which are State property, for the purpose of creating a electric housing complex.
As a result, the defendant changed the form and quality of land without permission of change of form and quality of the river management agency or permission of competent authorities, and used the administrative property without legal procedures and methods.
(b) Any person who violates the National Land Planning and Utilization Act in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree, in cases where he/she intends to excavate land, fill the ground, cut the ground, or change the form and quality of land in such manner as cutting or raising the ground, and the Special Metropolitan