Main Issues
The meaning of "the act of entering into a contract without reporting" subject to the penal provisions of Article 33 subparagraph 4 of the Act on the Utilization and Management of the National Territory.
Summary of Judgment
The term "the act of entering into a contract without making a report" subject to the penal provisions of Article 33 subparagraph 4 of the Act on the Utilization and Management of the National Territory refers to the act of entering into a contract without making a report, which is based on the premise that the act of entering into a contract shall be excluded or diving.
[Reference Provisions]
Article 33 subparag. 4 and Article 21-7 of the Act on the Utilization and Management of the National Territory
Escopics
A
upper and high-ranking persons
Prosecutor
Defense Counsel
Attorney B
Judgment of the lower court
Gwangju District Court Decision 92No948 delivered on April 15, 1993
Text
The appeal is dismissed.
Reasons
We examine the prosecutor's grounds of appeal.
Article 33 subparag. 4 of the Act on the Utilization and Management of the National Territory (hereinafter referred to as the "Act") does not apply to entering into a contract without filing a report, on the premise that the act of entering into a contract with respect to the exclusion or evasion of the report is increasing. According to Article 21-8 of the Act, the Governor may recommend the suspension of entering into a contract with respect to land, etc. and other necessary measures for the reported details within 25 days from the date of the report, if there is a reason prescribed in the same Article in the case of a report on a contract with respect to land, etc., the Governor may recommend the suspension of entering into a contract with respect to land, etc. and other necessary measures for the reported details. However, this provision only provides that the competent authority may take necessary measures for the reported contents, and thus, the above provision may not be deemed excluded from filing a report. According to Article 33-2 of the Act, even if a party who entered into a land transaction contract with respect to land, etc. within 25 days from the date of the report, such provision shall not affect the construction of administrative penalty provisions.
According to the reasoning of the judgment below, the court below held that it is difficult to see that the defendant entered into a contract for the sale and purchase of the real estate of this case from the beginning that it excluded or avoided the report from the beginning, and there is no other evidence to acknowledge this. The judgment of the court below is just and there is no error of law by misunderstanding legal principles as pointed out in the theory
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Ansan-man (Presiding Justice)