Text
Defendants shall be punished by a fine of 1.5 million won.
Defendant
If A does not pay the above fine, 100,000.
Reasons
Punishment of the crime
1. A person who intends to change the form and quality of land shall obtain permission for development from a competent authority;
Nevertheless, Defendant A, without permission for development activities of the Seodaemun-gu Seoul Metropolitan Government Office on June 30, 2016, performed development activities without permission, such as removing fences and buildings and packaging concrete, in order to expand roads with a width of 4 meters from Seodaemun-gu Seoul Metropolitan Government D and E to 6 meters.
2. Defendant B, a representative of Defendant B, engaged in development activities without obtaining permission from Seodaemun-gu Seoul, Seodaemun-gu, Seoul, as set forth in paragraph (1), with respect to Defendant B’s business.
Summary of Evidence
1. Part of the protocol concerning the examination of suspect against the defendant A;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes requesting supplementation related to a petition for accusation, site photographs, and applications for permission for development activities (Evidence No. 18);
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 140 Subparag. 1 and Article 56(1) of the National Land Planning and Utilization Act; the choice of fines
(b) Defendant B: Articles 143, 140 subparag. 1, and 56 subparag. 1 of the National Land Planning and Utilization Act
1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Judgment on the Defendants’ assertion of Article 334(1) of the Criminal Procedure Act
1. The Defendants and defense counsel asserts that the instant alteration of the form and quality constitutes minor acts under the National Land Planning Act, and asserts that the instant alteration of the form and quality is excluded from the permission for development activities under the National Land Planning and Utilization Act, as “a minor act” under Article 56 subparag. 4 subparag. 3 of the National Land Planning and Utilization Act and Article 53 subparag. 3(c) of the Enforcement Decree of the same Act.
However, according to the above evidence, the alteration of the form and quality of the instant case is a packaging for the expansion of the road (the extension of the existing four meters road to six meters wide).