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(영문) 광주지방법원 2013.04.09 2012고정1607
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the corporation B in B, which is located in B, B, and is a person who exercises overall control over the above business.

Any person who intends to change the form and quality of land shall obtain permission from the competent authorities.

On September 2010, the Defendant created a parking lot with a height of approximately 2-3 meters at the end of September 2010, at E, F, G, H, I, J and K without obtaining permission from the competent authorities.

As a result, the Defendant changed the form and quality of the above seven lots of land (2,668 square meters in total) without obtaining permission from the competent authorities.

2. Defendant B is a corporation established for the purpose of building works, housing construction works, real estate lease and sale.

The above A, the representative director of the defendant, changed the form and quality of land without obtaining the permission of the competent authority concerning the defendant's business at the same time and place as above paragraph (1).

Summary of Evidence

1. The Defendants’ partial statements in the first trial record

1. The entry of witnesses and M in the fifth trial records;

1. Application of current status drawings, photographs (number 75), photographs (number 76), and statutes;

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (1) (Selection of Fines) Defendant B: Articles 143, 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act, and Article 56 (1) of the same Act;

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

1. Defendants of the provisional payment order: In light of the fact that it is difficult to deem that the Defendants had the intent to evade the permission of the competent authority in a planned manner as falling under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as set forth in the text shall be determined in the same manner.

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