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(영문) 수원지방법원 평택지원 2020.06.16 2020고정180
국토의계획및이용에관한법률위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000 and by a fine of KRW 1,500,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation established for the purpose of real estate development, and the construction has been carried out after obtaining permission for the construction of detached houses from Gyeonggi-si C.

1. Defendant AA.

Any person who intends to engage in development activities in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority.

Nevertheless, around May 2015, the Defendant cut the area of approximately 471 square meters and performed development activities without obtaining permission for development activities in Pyeongtaek-si D, which is a neighboring land in the construction site of the said housing site.

(b) Any person who intends to convert a mountainous district in violation of a Mountainous Districts Management Act shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of mountainous district and size prescribed by Presidential Decree

Nevertheless, the defendant 1-A.

In order to prevent risks at the same location as the entry in the port, it cut the area of 471m2 without permission for conversion and converted the use of mountainous district.

2. Defendant B, a representative director, performed development activities and conversion of a mountainous district without obtaining permission from the competent authorities at the same place as the above, in relation to the Defendant’s business.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the charge of criminal investigation report (verification of the preserved mountainous district) to the Defendants’ written statements E

1. Article applicable to criminal facts;

(a) Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act, and Article 53 subparagraph 1 of the Management of Mountainous Districts Act and Article 14 (1) of the same Act;

(b) Articles 143 and 140 subparag. 1, and 56(1) of the National Land Planning and Utilization Act (the point of the representative’s unauthorized development activities), Articles 56 and 53 subparag. 1, and 14(1) of the Mountainous Districts Management Act (the point of the representative’s unauthorized conversion of mountainous districts);

1. Punishment under Articles 40 and 50 of the Criminal Act, of the ordinary concurrences;

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