Text
Defendants shall be punished by a fine of KRW 3,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
B A Co., Ltd. is a facility company engaged in the repair and management of water supply and sewerage, and the defendant A is a representative director of the above B Co.
1. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a development-restricted zone without permission from the competent authority;
Nevertheless, from April 8, 2017 to April 25, 2017, the Defendant laid down materials for water leakage restoration works and wastes generated from water supply and drainage works at the construction site in Namyang-si, the development-restricted zone without permission from the competent authorities.
2. A, the representative director of the Defendant Company B, entered wastes in a development restriction zone without permission of the competent authority concerning the Defendant’s business as in the foregoing “paragraph 1”.
Summary of Evidence
1. Defendants’ legal statement
1. Statement made by the police against D;
1. A real estate lease agreement and a statement of calculation of volume;
1. Application of statutes governing certified copies of corporate registers;
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Selection of fines
(b) A stock company: Articles 33, 32 subparag. 1, and 12 subparag. 1 of the Act on Special Measures for the Designation and Management of Development Restriction Zones;
1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: It is recognized that the Defendants’ reasons for sentencing of Article 334(1) of the Criminal Procedure Act are against the time of committing the instant crime, and that it appears that the Defendants were to have paid fines for negligence as to the violation of the Waste Management Act.
However, the crime of this case is committed by the defendants who run construction business at the construction site without permission, and the crime of this case is not less vulnerable to the development restriction area.