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(영문) 수원지방법원 2016.06.03 2016고단1592
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 30,000,000.

Defendant

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

Reasons

Punishment of the crime

1. The Defendant did not obtain permission from the competent authority for development activities, and carried out an act of piling steel materials on 13 lots of land, including 601 square meters, in a maintenance area E, as shown in the list of offenses, from around October 2013 to July 30, 2015.

2. Defendant B, a corporation established for the purpose of manufacturing and selling steel structures from F in Sungsung City, without obtaining permission from the competent authority as described in paragraph (1) for the Defendant’s business, the representative director of the Defendant, who was the Defendant, performed an act of piling steel materials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the protocol concerning the examination of suspects by the prosecution;

1. Each statement made by the police in each protocol made by the H with respect to H;

1. Each entry in 13 copies of a certified copy of the corporate registry, area, or district confirmation;

1. Each image of satellite photographs and field photographs;

1. Investigation reports, and the application of Acts and subordinate statutes in each report on investigation into violation, the detailed land area, and the land area report;

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) subparagraph 5 of the same Act (prestigious selection), Defendant B, who has the option to commit a crime: the main sentence of Article 143, Article 140 subparagraph 1 of the same Act, and Article 56 (1) 5 of the National Land Planning and Utilization Act;

1. Defendant A who is detained in the workhouse: (a) there is no particular criminal history to take into account both forms of Defendant A for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the confession of the crime; (c) the removal of all steel materials stored by the Defendants to restore them to their original state; and (d) there are no circumstances to take into account the circumstances leading up to the instant crime, the punishment as set forth in the text should be determined.

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