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(영문) 전주지방법원남원지원 2020.12.08 2020고단218
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established for the purpose of electrical construction business, etc. in Yong-gun C, and Defendant A was the representative director of the Defendant Co., Ltd., and Defendant D, E, F, G, H, I, and J jointly obtained permission for the installation of a structure and alteration of land form and quality with respect to five parcels, such as NA, E, F, G, H, I, K, etc. (hereinafter “instant land”).

E, F, G, H, I, and J concluded a construction contract with L Co., Ltd. operated by D to install solar power plants on the ground of the instant land, and the Defendant Co., Ltd. was entrusted by L Co., Ltd. with all authority to do so.

1. Where a person who intends to change the form and quality of Defendant A’s land changes matters permitted for development by a competent authority, he/she shall obtain permission for change from the competent authority;

Nevertheless, while the Defendant was conducting installation works of solar power plants in the Jeonbuk-gun Mil, the Defendant cut the said land by blasting the rocks using 2,920km of explosives, unlike the initial permission, without obtaining permission to change development activities from the head of the relevant Si/Gun from September 1, 2019 to September 26, 2019.

2. Defendant B, a representative director of the Defendant, committed an illegal act as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol and investigation report on G, H, D, J, E, and I (related to Defendant F);

1. Written statements and field photographs attached thereto;

1. Documents related to permission for development activities (construction of structures and change of land form and quality);

1. Applications for permission for use of explosives, permits, etc., investigation reports (main week)B andO (s blasting works between weeks);

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