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(영문) 수원지방법원 2014.06.19 2013고정3316
국토의계획및이용에관한법률위반등
Text

Defendants shall be punished by a fine of KRW 8,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a person who owns the same Gu D site as the representative director B in the area of the wife population C, and the defendant B is a corporation established for the purpose of real estate development and housing site creation business.

1. The site E of the wife population in Defendant A is an urban planning zone and mountainous district.

A person who intends to engage in development activities, such as changing the form and quality of land or collecting earth and rocks, or a person who intends to convert a mountainous district into a mountainous district shall obtain permission from the competent authority.

Nevertheless, the Defendant, upon obtaining permission from the competent authority on June 2013, changed the form and quality of the said D site, which is the Defendant’s ownership, and at the same time converted the use of mountainous districts without permission from the competent authority, by cutting, banking, and collecting the above E-site No. 424 square meters adjacent thereto.

2. A, the representative director of the Defendant B, was the Defendant’s Defendant, at the time and place specified in paragraph (1), engaged in development activities at the same time without permission from the competent authority.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. A written statement of F and G;

1. Each written accusation and all certificates of registered matters;

1. The application of a location map, on-site photograph, survey map of the current status, and old map statutes;

1. Defendant A of the pertinent law on criminal facts: Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 and 3 of the National Land Planning and Utilization Act, subparagraph 1 of Article 53 and Article 14 (1) of the Mountainous Districts Management Act, Article 143, subparagraph 1 of Article 140, Article 56 (1) 2 and 3 of the National Land Planning and Utilization Act, Article 56, subparagraph 1 of Article 53, and Article 14 (1) of the Mountainous Districts Management Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Defendant A who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.

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