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(영문) 부산지방법원 서부지원 2020.05.22 2019고단2719
국토의계획및이용에관한법률위반등
Text

Defendant

A Imprisonment for six months, and Defendant D shall be punished by a fine of seven million won.

However, Defendant A.

Reasons

Punishment of the crime

"2019 Highest 2719"

1. Defendant A

A. The Defendant, without obtaining permission from the competent authority on February 2019, failed to implement an order to restore the form and quality of the land to the original state three times on or around March 29, 2019, even though he/she received an order to restore the land to the original state three times on or around June 12, 2019, by using a excavated machine of approximately 5,300 square meters in height from 0.6m to 1m in height, using a excavated machine of approximately 0.1m.

(b) A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authorities;

Nevertheless, the defendant did not obtain permission from the competent authority, and around 09:00 on October 15, 2019.

Using the excavated machine, the land indicated in the port leveled 0.25 m-0.75m high, and was engaged in development activities to change the form and quality of land by collecting soil from the above land around 17:00 on October 31, 2019.

2. Defendant D Co., Ltd., at the time and place specified in the above 1. Paragraph (1) above, the representative A committed a violation of the same Act with respect to the Defendant’s business.

The Defendant, “200 Man-Ma465, 2020, 2025,” is a person who actually engages in development activities of 9,436 square meters of forest land B in Busan, which is owned by D, and the above forest falls under Zone 1 of the Preservation Area of the Historical and Cultural Environment as an area around the downstream of the Nakdong River, which is a State-designated cultural heritage, and any person shall obtain permission from the Administrator of the Cultural Heritage Administration to change the current state of State

Nevertheless, on October 15, 2019 without obtaining permission from the Administrator of the Cultural Heritage Administration, the Defendant changed the shape of State-designated cultural properties by piling up the soil on the ground by using the excavated machine on the ground or by spreading off the excavated machine on the ground.

Summary of Evidence

"2019 Highest 2719"

1. Defendants’ legal statement

1. A charge, an order to restore the form and quality without permission to its original state, on-site photographs1.

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