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(영문) 전주지방법원 남원지원 2013.04.09 2013고단8
국토의계획및이용에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00,000, in eight months of imprisonment, and a limited liability company B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A limited liability company B is a corporation established for the purpose of stone construction business, etc., and the defendant A is registered as a director of the defendant limited liability company B and is substantially operating the above corporation.

1. From February 2012 to March 2012, Defendant A collected earth and rocks equivalent to 4,284 cubic meters of land in Namwon-si, Namwon-si, without obtaining permission from the competent authority, from February 201 to March 2012, Defendant A collected earth and rocks equivalent to 2,772 cubic meters of land in the same Ri land and E land in the same Ri area.

2. The Defendant B, a director of the Defendant, collected earth and stone without permission of the competent authority as above in relation to the Defendant’s work at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning F;

1. A statement or report prepared by the F;

1. Investigation into actual conditions of development activities and reporting thereon;

1. The application of Acts and subordinate statutes to investigation reports (influences, etc.);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 1 of Article 140 and Article 56 (1) 3 of the National Land Planning and Utilization Act;

(b) Defendant B: Articles 143, 140 subparag. 1, and 56(1)3 of the National Land Planning and Utilization Act;

1. Defendant A who suspended the execution: Article 62 (1) of the Criminal Act ( although the quantity of earth and stone collected by the Defendant without permission is large, it shall be considered that the Defendant has no record of being punished for the same kind of crime or of being punished exceeding the fine, and that the Defendant misleads the Defendant and reflects his depth);

1. Defendant limited liability company B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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