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(영문) 인천지방법원 2014.04.17 2013고단7799
국토의계획및이용에관한법률위반
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Any party who intends to enter into a contract for transfer or creation of the ownership or superficies on the land located within the permission area for Defendant A shall obtain permission from the competent authorities;

Nevertheless, around August 10, 2012, the defendant entered into a land transaction contract to sell the land for gas station in Seo-gu Incheon Metropolitan City, which is owned by the principal in the land transaction permission zone, to B for KRW 2.8 billion without obtaining permission from the head of Incheon Western District.

2. Any party who intends to conclude a contract for the transfer or creation of the ownership or superficies on the land located within the permission area for Defendant B shall obtain permission from the competent authorities;

Nevertheless, around August 10, 2012, the Defendant entered into a land transaction contract with A to purchase the land for gas station in Seo-gu Incheon Metropolitan City, which is located within the land transaction permission zone, for KRW 2.8 billion from A without obtaining permission from the head of Incheon Seo-gu.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each Act or subordinate statute to a real estate sales contract, a certified copy of the register, and a written confirmation of land use plan;

1. Defendants of relevant criminal facts: Article 141 subparagraph 5 of the National Land Planning and Utilization Act and Article 118 (1) of the same Act;

1. Defendant A: Defendant B who has chosen to imprisonment with prison labor: Selection of fine;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “Chocks favorable to the following sentencing grounds”);

1. Defendant B of the provisional payment order: Although the price of the land subject to the instant transaction for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a large amount, the Defendants obtained land transaction permission after the instant crime, the designation of the land transaction permission zone for the said land has been terminated, the Defendants did not have any specific criminal history, in the case of Defendant B, the seller’s horse in a personal relationship was trusted and entered into a sales contract without permission.

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