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(영문) 광주지방법원 2019.05.23 2019고정236
국토의계획및이용에관한법률위반
Text

Defendants shall be punished by a fine of 1.5 million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the owner of the land in Gwangju Mine-gu, and the defendant B is the lessee of the land in question.

1. A person who intends to engage in development activities without permission from the Defendants shall obtain permission for development activities.

Defendant

A around June 1, 2017, around Gwangju Mine-gu D, without permission for development activities, changed the form and quality of the land by inserting the above land without permission for development activities, and putting it into the off stone package, and being aware that it was used as a place for storage of construction materials, the lease deposit amount of KRW 10 million, monthly rent of KRW 700,000,000, and three years of lease period. Defendant B leased the above land, and Defendant B changed the form and quality of the land by putting the 1211 square meters away and putting it into the off stone package.

Accordingly, Defendants conspired to engage in development activities without obtaining permission for development activities.

2. On February 21, 2018, the Defendant violated the order to reinstate land issued by Defendant A by the head of the mine office by March 23, 2018 at the place specified in paragraph (1) and did not comply with the order issued by the head of the mine office by April 2, 2018, even if the head of the mine office received an order to reinstate land by April 30, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Statement of the police statement of E;

1. Land cadastre;

1. Prior notification of an administrative disposition following a violation of development activities, an order to reinstate illegal acts in urban areas [F] and a notification of an order to reinstate illegal development activities (II);

1. A copy of the real estate monthly rent contract;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Presentation of B Real Estate Contracts);

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56(1) of the same Act, Article 30 of the Criminal Act, Articles 142 and 133(1) of the National Land Planning and Utilization Act, and Articles 142 and 133(1) of the same Act, and Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Articles 56(1) of the same Act, and Article 30 of the Criminal Act, and Article 140 of the National Land Planning and Utilization Act, and Articles 140 and 133(1) of the

1. Aggravation for concurrent crimes;

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