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(영문) 창원지방법원 2020.04.22 2019고단3088
개발제한구역의지정및관리에관한특별조치법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A and B are the substantial representatives of Defendant C Co., Ltd for the purpose of apartment civil engineering work.

In a development-restricted area, no building or alteration of the purpose of use of a building, installation of a structure, change of the form and quality of land, division of land, piling-up of goods, cutting-up of bamboo and trees, etc. shall be allowed without obtaining permission from the competent authority, and in cases where a violation has been discovered, the competent authority may order the violator, such as the owner of land

1. Crimes against the land located in Kimhae-si;

A. Defendant A and B conspired with the Defendants to commit joint crimes, and on April 2018, the Defendants changed the form and quality of land by raising about 1m of soil with a height of about KRW 1m of soil on the Kimhae-si, located in the development-restricted zone, Kim Jong-si, 1,650 square meters.

B. Defendant C Co., Ltd.

A and B, the representative, at the same time and place as the paragraph, changed the form and quality of the land without obtaining permission as above for the defendant's business.

2. Crimes against the land located in the Republic of Korea in Kimhae-si;

(a) No construction of a building, alteration of its use, installation of a structure, alteration of the form and quality of land, partition of land, piling-up of articles, piling-up of bamboo and trees, etc. shall be permitted within a development restriction zone with Defendant A and G without obtaining permission from the competent authorities;

Nevertheless, the Defendant, in collusion with G, did not obtain permission from the competent authority on March 2018, and changed the form and quality of the land by embling up a height of about one meter with a 1m soil on the land of Kimhae-si, 2,704 square meters, 2,975 square meters, 2,975 square meters, and 661 square meters of the land of Kimhae-si, which is located within the development restriction zone.

B. Defendant C Co., Ltd.

At the time, at the place, A, its representative, changed the form and quality of land without obtaining permission as above with respect to the defendant's business.

3...

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