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(영문) 서울서부지방법원 2016.11.24 2016고단2693
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative of the medical corporation B (D convalescent Hospital), and the medical corporation B is a corporation that aims at the convalescent hospital.

1. Where Defendant A intends to change the form and quality of land which is a development act under the National Land Planning and Utilization Act, he/she shall obtain permission from the competent authority for development activities, and a person who intends to divert a mountainous district shall obtain permission from the Administrator of the Korea Forest Service

Nevertheless, the defendant, without the permission of the competent authority, from the beginning of April 2016 to the same year without the permission of the competent authority.

5. Until the first patrolman of Gwangju City E, F, and G forest owned by the Defendant, he changed the form and quality of the punishment and civil engineering works without permission, and converted the mountainous district into the mountainous district at the same time, under the pretext of creating a performance hall and a resting space for hospital patients.

2. The Defendant A, the representative of the Defendant, committed a violation as prescribed in paragraph (1) in relation to the Defendant’s business at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. One copy of on-site photographs, a plan for recovery of mountainous districts, and a letter of undertaking to perform projects;

1. Application of Acts and subordinate statutes to a report on investigation (report on the currency of a public official in charge of accusation);

1. Defendant A of the pertinent law on criminal facts: Article 53 subparagraph 1 of the Management of Mountainous Districts Act, Article 14 (1) of the same Act, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the same Act (unauthorized change in the form and quality of a mountainous district) and Article 56 (2) 2 of the same Act: Defendant B of the relevant medical corporation: Article 56, Article 53 subparagraph 1 of the Management of Mountainous Districts Act, the main sentence of Article 14 (1) of the same Act, Article 143, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Defendant A who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The restoration work is completed for the portion that has been illegally damaged for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

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