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(영문) 인천지방법원 2013.12.10 2013고단5280
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment for eight months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendants take charge of actual development activities in relation to the land within the Seo-gu Incheon Western FF development zone, Defendant C lent the name of the H representative established to pretend that the land was developed for farming, and attempted to engage in G development, Defendant B made a plan to raise land and funds, and Defendant A agreed to arrange the buyer.

1. No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, etc. shall be conducted without permission from the competent authority for profit-making purposes in a development restriction zone violation of the Act on Special Measures for

Nevertheless, around September 16, 2012, G and Defendant C, in accordance with the above agreement, laid down 15 square meters of bamboo trees of 600 square meters by cutting off 15 square meters of 12 to 40 centimeters of spaw in spath in spath and cutting down 15 square meters of spath in spath in spathical height with engines and general saws prepared in advance by mobilization of work workers by Seo-gu Incheon, Seo-gu, Incheon, which is a development-restricted zone, and constructed one spath of 48 square meters of spath in spath, respectively.

The Defendants and G, including that, from that time until November 12, 2012, were engaged in development activities, such as cutting of bamboo and trees, flating, etc., on the land within seven parcels of land, such as the list of crimes in the attached Table.

As a result, Defendants and G conspired to construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees in development restriction zones without obtaining permission for profit-making purposes.

2. Any person who intends to convert a mountainous district into a mountainous district in violation of the Management of Mountainous Districts Act shall obtain permission from the competent authority according to the classification of the types, areas, etc. of the mountainous districts

Nevertheless, the Defendants and G conspired to obtain permission from the competent authorities and without obtaining the said permission.

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