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(영문) 의정부지방법원 고양지원 2014.08.14 2014고단279
개발제한구역의지정및관리에관한특별조치법위반
Text

[Defendant A] The defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. No person who has committed an act of constructing a building, altering the purpose of use, installing a structure, piling up goods, etc. in a development restriction zone without obtaining permission from the competent authority;

Nevertheless, from April 1, 2013 to January 10, 2014, the Defendant filled out wastes, etc., without obtaining permission from the competent authority, on the 700 square meters of high-si, Gyeyang-gu, Seoyang-gu, which is a development restriction zone.

2. Defendant B, as the owner of the above land, leased the instant land to A with the knowledge that he/she was aware that he/she would store waste, etc. without obtaining permission from the competent authority from April 1, 2013 to October 10, 2014.

Accordingly, the defendant, by facilitating the crime A, aided and abetting A's act of piling up goods.

3. The Defendant C, at the time and place specified in paragraph (1), committed an in-house director A, the representative of the Defendant, in violation of paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Each legal statement of the Defendants (as of the third trial date)

1. A’s legal statement (limited to the defendant B);

1. An investigation report (Attachment to a certified transcript of the corporate register);

1. A written statement of accusers;

1. A statement of investigation of offenses;

1. Confirmation of land use plan;

1. Cadastral map;

1. Application of land cadastre statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Selection of fines

B. Defendant B: Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones; Article 32(1) of the Criminal Act; the choice of imprisonment

(c) Defendant C: Articles 33, 32 subparag. 1, and 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones

1. Defendant B who aided and mitigated: Articles 32(2) and 55(1)3 of the Criminal Act;

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

1. Defendant B:

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