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(영문) 창원지방법원 마산지원 2015.05.12 2015고정105

산지관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of Mucompo-gu C in Changwon-si.

A person who intends to convert a mountainous district shall determine its use and obtain permission from the Minister of the Korea Forest Service, as prescribed by Presidential Decree, and a person who intends to temporarily use a mountainous district for the purpose of cultivating ornamental plants, such as wild vegetables, medicinal herbss, medicinal herbs, landscape trees, and wild flowers shall report thereon to the Minister of the Korea Forest Service, and to the head of a Si/Gun/Gu, with respect to mountainous district of a forest which

Nevertheless, from around 2010 to August 2014, the Defendant removed trees using saws C, D, and E in Changwon-si, Changwon-si from around 2010 to around 2014, and created 4,360 square meters of farmland, etc. by using glusium and inserting glusium and inserting glusium, and installed one building at 81 square meters of land.

As a result, the Defendant converted a mountainous district into a total of 4,441 square meters without obtaining permission for mountainous district conversion, and temporarily used a mountainous district without filing a report thereon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Subparagraph 1 of Article 53 of the Management of Mountainous Districts Act, Article 14 (1), subparagraph 2 of Article 55 and Article 15-2 (2) of the same Act concerning facts constituting a crime, selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;