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(영문) 대구지방법원 포항지원 2018.09.20 2018고단550
국토의계획및이용에관한법률위반등
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant A shall not change the form and quality of land without obtaining permission from the competent authority for development activities, shall not change the form and quality of land in an urban park without obtaining permission for occupation and use, and shall not divert a mountainous district without obtaining permission for mountainous district conversion;

Nevertheless, the Defendant did not obtain permission to engage in the development activities, permission to occupy, and permission to convert mountainous districts from the head of a forest office. From January 2, 2017 to March 2, 2017, the Defendant cut a total of 10 square meters of land and 4,110 square meters of land as shown in the attached crime list, including 263 square meters of land in Nam-gu, Nam-gu, Seoul Special Metropolitan City during the port from around January 2, 2017, thereby changing the form and quality of the said land,

2. Defendant B, a representative director, changed the form and quality of land without obtaining permission from the competent authorities as described in the above paragraph (1) with respect to the Defendant’s business, and converted the use of land to mountainous districts.

Summary of Evidence

1. Defendant A’s legal statement

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on illegal damage photographs, cross-sections, land protocol of tort, and photographic land;

1. Where the alteration of form and quality has been made without permission for development activities under the relevant law on criminal facts: Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 of the National Land Planning and Utilization Act (Defendant A), Article 143, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the National Land Planning and Utilization Act (Defendant B) of the same Act: Where the alteration of the form and quality has been made within an urban park without permission for occupation and use: Subparagraph 2 of Article 54, Article 24 (1) 2 (Defendant A) of the Urban Parks, Greenbelts, etc. Act, Articles 55, 54 subparagraph 2 and 24 (1) 2 (Article 24 (1) of the Urban Parks, Greenbelts, etc. Act, and Article 53 subparagraph 1 of the Mountainous Districts Management Act and Article 140 subparagraph 1, Article 14 (1) 14 (Article 56 (1) and 5 (1) 4) of the same Act);

1. Articles 40 and 40 of the Criminal Code, each of the defendants.

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