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(영문) 의정부지방법원 2020.08.10 2019고단5895
국토의계획및이용에관한법률위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities or who intends to modify matters permitted to engage in such activities shall obtain permission from a Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, and a person who intends to divert a mountainous district or to modify matters permitted to divert a mountainous district shall obtain permission from the

D Around September 20, 2018, the Minister of Land, Infrastructure and Transport obtained permission to engage in development activities and conversion of a mountainous district for the creation of a Class II neighborhood living facility site with respect to 2,709 square meters of forest land E 14,690 square meters in Gyeonggi-do, and the Defendant is a contractor who entered into the said D and the said E forest development works.

On October 15, 2018, from around July 2018 to around July 2019, the Defendant cut the F forest land of 38 square meters in Yangju-si, the Gyeonggi-do, the land for which permission was granted, and the quasi-preserved mountainous district, and laid down concrete on the said F forest of 16 square meters; cut the G forest of 1,496 square meters; laid down concrete on the said G forest of 60 square meters; installed a reinforced retaining wall of 1 to 2.5 square meters in height in the said G forest; cut the H forest of 23 square meters in the quasi-preserved mountainous district; cut the 142 square meters in the forest of 142 square meters, the preserved mountainous district, and converted the use of mountainous districts simultaneously.

2. Defendant B is a corporation established for the purpose of stone construction business, earth construction business, etc.

The defendant is the on-site director of the defendant at the date and place specified in paragraph (1) and A, a de facto representative, performed development activities without obtaining permission for change in the manner specified in paragraph (1).

Summary of Evidence

1. Each court statement made by the Defendants against Defendant A, each protocol of suspect interrogation of the police officers against Defendant J and each police interrogation protocol made against D

1. K and L respective statements (public officials in charge) for investigation report-Submission of copy, etc. of construction contract, copy of the standard contract for private construction works;

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