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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is performing construction works after obtaining permission to build Class I neighborhood living facilities in Seodaemun-gu, Seocho-gu, etc.
1. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act, or to alter matters permitted for development activities shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors
Nevertheless, the Defendant, without obtaining permission for development from July 2019 to December 2019, changed the form and quality of land by cutting and banking at least 50 cm with a total floor area of at least 224 square meters in Seo-gu, Seo-gu, Cheongju-si without obtaining permission for development.
In addition, the Defendant changed the form and quality of land with a total floor area of 3,674.6 square meters without obtaining permission for development or obtaining permission for alteration in the same manner as indicated in the attached list of crimes committed by the Defendant or conducted development activities different from the details of permission.
2. A person who intends to build, rebuild, alter, or remove a structure, object, or other facility in violation of the Road Act or to occupy and use a road (including a road zone) due to any other reason shall obtain permission from the competent road management authority and the same shall also apply where he/she intends to modify any permitted
Therefore, the Defendant obtained permission to occupy and use a road zone of approximately 191 square meters in Seo-gu, Seowon-gu, Seowon-gu, and E in order to use it as an entry into the construction site of the Class 1 neighborhood living facilities.
Nevertheless, from July 2019 to December 2012, 2019, the Defendant occupied and used a road zone of approximately 1,993 square meters in F, etc. without permission exceeding the permitted road zone.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Violation of each accusation, report on business trip following each illegal development activity, each location map and field photograph, survey plan, cadastral and old map, and permission to occupy and use a road;