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(영문) 수원지방법원 2020.08.13 2020고정523
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

B is a juristic person established for the purpose of civil engineering work in Ansan-si, a member C, and Defendant A is a person who actually controls overall work as a representative director of the above company.

1. Where the matters for which permission for development activities was obtained from the defendant A are modified, permission for development activities by the competent authority shall be obtained;

Nevertheless, the Defendant, from the end of September 2019 to the end of December 2019, was performing construction works with permission for the creation of a site for a detached house at D, E, F, G, and H, without obtaining permission for development activities from the competent authorities, dismantled a retaining wall already permitted without obtaining permission for development activities from the competent authorities, and constructed a reinforced soil and concrete retaining wall by changing it into a reinforced soil and concrete retaining wall.

2. Defendant B, a real operator of the Defendant, committed a violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Investigation report (attached documents related to existing permission for development of the land subject to accusation);

1. Application of Acts and subordinate statutes to the certified transcript of a corporate register, satellite, field photo, land utilization and damage prevention plan map, breadth map, and B;

1. Relevant laws and the choice of punishment for the crime;

A. Defendant A: Article 140 Subparag. 1 and Article 56(2) of the National Land Planning and Utilization Act; the selection of fines

B. Defendant B: The applicable provisions of Article 143 of the National Land Planning and Utilization Act to the indictment are additionally stated in subparagraph 1, but Article 143 of the above Act is clear that there is no subparagraph 1, and thus ex officio.

Article 56(2)

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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