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(영문) 서울남부지방법원 2021.01.14 2020고정1390
도시공원및녹지등에관한법률위반
Text

Defendants shall be punished by a fine of KRW 300,000.

However, with respect to Defendant A, one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation established for the purpose of taxi transport business.

1. Anyone who intends to perform an act, etc. of constructing facilities, buildings or structures, other than park facilities, in a defendant A urban park shall obtain permission to occupy and use from the competent administrative agency pursuant to the relevant Acts and subordinate statutes;

Nevertheless, on May 2019, the defendant did not obtain permission from the competent authorities, and installed a vehicle repair shop (including containers) other than park facilities in Gangseo-gu Seoul Metropolitan Government and D sites and ground buildings located within the urban park zone and occupied and used the urban park without permission.

2. The representative of the defendant B, a defendant, committed a violation as referred to in the above paragraph 1 in relation to the defendant's business.

Summary of Evidence

1. A written accusation and a public official statement;

1. The application of a location map, location map and current status map, and applicable statutes to each field photograph;

1. Article 53 subparagraph 2 of Article 53 and Article 24 (1) 1 of the Urban Parks, Greenbelts, etc. Act, Defendant B who selects a fine: Articles 55, 53 subparagraph 2 of subparagraph 2 of Article 53 and Article 24 (1) 1 of the Act on Urban Parks, Greenbelts, Etc.;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment (Defendant B Stock Company);

1. The summary of the facts charged in this part of the facts charged is as follows: Defendant A without permission to occupy and use an urban park by installing an operating office, taxi driver’s office, taxi parking lot, taxi parking lot, vehicle storage yard for employees, etc., in addition to the establishment of a vehicle repair work site (including containers) which was found guilty without obtaining permission from the competent authority on the site and building located in the urban park zone as stated in its reasoning, and without obtaining permission from the competent authority on May 2019.

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