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(영문) 대구지방법원 경주지원 2016.03.31 2016고정12
국토의계획및이용에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of B corporation, and the defendant B corporation is a corporation established for the purpose of manufacturing ship machinery.

1. Defendant A

(a) Where any person changes matters permitted for development activities, he/she shall obtain permission from the Mayor;

Nevertheless, from August 8, 2014 to March 31, 2015, the Defendant obtained approval for the construction of a factory in the area of D and D and four lots (36,408 square meters) outside of the city of racing, and constructed a factory site construction work. The Defendant constructed a three-group reinforced earth retaining wall without permission for development activities, without building a stone embankment and a legal surface in accordance with the details of permission.

B. On March 10, 2015, the Defendant issued an order from the racing market to correct violations of permission for development activities without obtaining permission for development activities. However, the Defendant failed to comply therewith and violated an order to take measures.

2. As to the defendant B's business, the representative director A committed the same act of violation as that of paragraph (1) and paragraph (b) respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. E statements;

1. Application of Acts and subordinate statutes governing a written accusation, location map, photograph, public notice of a corrective order, and entire certificate of registered matters;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 140 subparag. 1, 56 subparag. 2, 142, and 133(1) of the National Land Planning and Utilization Act; and Article 143 of the National Land Planning and Utilization Act

1. Selection of a penalty (defendant A) and the selection of a fine;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act

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