Text
Defendant
A shall be punished by imprisonment with prison labor for eight months, by a fine of five thousand won,00,000 won.
except that this judgment.
Reasons
Punishment of the crime
Defendant
A is the general manager at the construction site of the Company B.
1. Defendant A
(a) A person who intends to construct buildings, install structures, or change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authority, and the same shall also apply where he/she modifies matters permitted for development activities;
On February 2, 2019, the Defendant changed the form and quality of development activities by exceeding 22,910 square meters of the area of the development activity originally permitted without permission from the competent authority while performing the construction work for building a factory site for B corporation in Gyeong-gun, Chungcheongnam-do.
(b) A person who intends to convert a mountainous district in violation of the Mountainous Districts Management Act shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous district;
On February 2, 2019, the Defendant, while performing the construction of a factory site for B Co., Ltd. in a size of 22,910 square meters of the above C Institute, converted the use of mountainous districts to embezzle by using crain, etc. without permission from the competent authorities.
2. Defendant B Co., Ltd. committed the act as set forth in paragraph (1) of Article 1 in relation to the Defendant’s business at the same time and at the same place as paragraph (1) of Article 1.
Summary of Evidence
1. Defendants’ legal statement
1. The statement of statement;
1. Survey and photographic ground plan;
1. Application of Acts and subordinate statutes on comprehensive real estate certificates;
1. Defendant A: Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); Article 56(2) and (1) of the former part of Article 53 of the Management of Mountainous Districts Act; Articles 143 and 14(1) of the former part of Article 53 of the Management of Mountainous Districts Act (Unauthorizedly Preservation and Conversion of Mountainous Districts): Articles 143, 140 subparag. 1, and 56(2) and (1) of the National Land Planning and Utilization Act (Unauthorized Development Activities)
1. Defendant A of ordinary concurrent crimes: Articles 40 and 50 of the Criminal Act (Punishment prescribed for a violation of the Mountainous Districts Management Act, the punishment of which is heavier);
1. The defendant who has chosen the penalty;