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(영문) 서울동부지방법원 2021.02.05 2020노831
국토의계획및이용에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. As to the part not guilty of the facts and the misapprehension of legal principles, the court below acquitted the Defendants on this part of the charges solely on the ground that the Defendants’ act of continuing to conduct the business on the secondhand goods by leasing the instant solid goods facilities constitutes an act of changing the purpose of use under Article 141 subparag. 4 of the National Land Planning and Utilization Act, but the Defendants did not directly install the instant solid goods facilities.

B. The sentence sentenced by the lower court (for the Defendants, a fine of KRW 1.5 million) is too unhued and unfair.

2. An ex officio prosecutor filed an application for permission to amend an amendment to a bill of indictment with respect to the part which was found not guilty in the original trial, as stated in paragraph 3(a) below, and this court permitted this and changed the subject of the judgment.

In addition, as seen in Section 3(b) below, the judgment of the court below was no longer maintained, since it is found guilty of the modified charges.

3. Determination of the changed facts charged

A. On July 15, 2014, the Defendants conspired to acquire a facility related to the circulation of resources (one second class) with the trade name “D” on the site of 185.9 square meters in Songpa-gu Seoul Special Metropolitan City, a general residential area, and subsequently changed the use of other facilities in violation of restrictions, such as the use, type, size, etc. of buildings or other facilities, in accordance with the National Land Planning and Utilization Act, from that time to June 12, 2019, by operating the facility from that time.

(b)Article 141 Subparag. 4 and Article 76 of the National Land Planning and Utilization Act, in violation of restrictions on the use, type, size, etc. of buildings and other facilities in an area or a purpose district of use, constructs or installs buildings and other facilities, or alters the purpose thereof.

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