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(영문) 수원지방법원 2012.12.21 2012고단3888
산업입지및개발에관한법률위반등
Text

Punishment against the Defendants shall be prescribed by each fine of KRW 5,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to perform an act prescribed by Presidential Decree, such as constructing a building, installing a structure, changing the form and quality of land, collecting soil and stones, dividing land, piling up articles, etc. within an industrial complex of Defendant A shall obtain permission from the competent

Subsequent to a public announcement of project approval, no one shall alter, etc. the form and quality of the land for which public announcement has been made, which might hamper the project.

Nevertheless, the defendant has not obtained permission from the competent authorities, and from March 2011 to the same year.

7. From the land designated as an industrial complex until the end of 29.2, there was an act of changing the form and quality of land that is likely to impede the project by 82,835 square meters away from among each land of the E (bank), F or G, the public announcement of project approval, and by using part of the land as a vehicle passage, and opening a waterway on the surrounding area of the waste salt farm.

2. Defendant B, at the above date, at the above place, and Defendant A, the representative of the Defendant, committed an act of changing the form and quality that could interfere with the Defendant’s business without permission and business as above.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement of H;

1. A complaint;

1. Requests for reinstatement of land occupied and used without permission, notification of legal measures plan for illegal acts, copies of each registered matter, and each public notification;

1. Application of the Acts and subordinate statutes to each photograph and port side;

1. Article applicable to criminal facts;

A. Defendant A: B before the amendment by Act No. 11020 on August 4, 2011

(hereinafter the same shall apply.

[1] Article 51 subparag. 1 and Article 12(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (with no permission to change the form and quality of land), Articles 96 and 25(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works

B. Defendant B: Articles 52, 51 subparag. 1, and 12(1) of the former Industrial Sites and Development Act (the point of changing the form and quality of a corporate representative without permission).

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