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(영문) 전주지방법원 정읍지원 2013.10.22 2013고단480
국토의계획및이용에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of three million won.

except that this judgment.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2013, the Defendants were sentenced to a fine of KRW 3 million for the violation of the Management of Mountainous Districts Act in the Jeonju District Court’s Branch Support.

【Criminal Facts】

1. Defendant A

(a) Any person who intends to collect earth or stone in a mountainous district violating the Management of Mountainous Districts Act shall obtain prior permission from the competent administrative agency;

Nevertheless, the Defendant, from January 2013 to April 30, 2013, collected approximately KRW 3,000 cubic meters of soil and stone from approximately 440 square meters in mountainous districts without obtaining prior permission from Jung-Eup City City C, and collected them from around 3,00 cubic meters.

(b) Where matters that have obtained permission for development activities are modified, permission from the competent authorities shall be obtained in advance;

Nevertheless, the Defendant collected approximately 37,200 cubic meters of soil and stones by excavating more than 3 meters differently from the content of permission without obtaining permission for alteration in advance at the time, place, and 12,400 square meters within the permitted area, as stated in paragraph (a) of Article 1.

2. Defendant B is a corporation established for the purpose of intermediate waste disposal business.

The defendant, who is a substantial operator, committed the above violations in relation to the defendant's business at the time, time, and place like paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports, and other criminal records, investigation reports, while pending trials;

1. Article applicable to criminal facts;

(a) Defendant A: Article 53 subparag. 3 and Article 25(1) of the Management of Mountainous Districts Act, Article 140 subparag. 1, and Article 56(2) and (1) of the National Land Planning and Utilization Act, and the selection of imprisonment, respectively;

(b) DefendantB Co., Ltd.: Articles 56, 53 subparagraph 3, and 25 (1) of the Management of Mountainous Districts Act, and Articles 143, 140 subparagraph 1, and 56 (2) and (1) of the National Land Planning and Utilization Act;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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