산지관리법위반
The defendant shall be innocent.
A person who intends to convert a mountainous district subject to public prosecution shall obtain permission from the Minister of the Korea Forest Service, etc. according to classification of mountainous district and size prescribed by Presidential Decree.
Without permission from the competent authority, from October 201 to December 2012, the Defendant installed, in Gwangju-si, a warehouse of approximately 18 square meters per 18 square meters (containers) and about 13.5 square meters (a vinyl) in a scale of approximately 11.5 square meters, one one unit of the 11.5 square meters of the 11.5 square meters of the 11 square meters of the 18 square meters of the 18 square meters of the 25.8 square meters of the 25.8 square meters of the 18 square meters of the 18 square meters of the 18 square meters of the 201st of the 201st of the 2012.
Judgment
Whether a mountainous district is prescribed by the Mountainous Districts Management Act shall be determined according to the actual phenomenon of the relevant land regardless of its land category in the public register. Therefore, even if the land category is a forest and forest land category on the land cadastre, it shall lose the phenomenon as a forest, and if it is not possible to reinstate the lost state as it is temporary, it shall not
(See Supreme Court Decision 88Do668 Decided December 13, 198, etc.). The Defendant issued a summary order of KRW 2 million on September 19, 2012 as a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones by newly constructing illegal buildings, etc. in the instant mountainous district. Thus, it is insufficient to recognize that the Defendant, including witness D’s legal statement, submitted evidence alone after the date on which the summary order became final and conclusive, has damaged the mountainous district and constructed a building identical to that indicated in the facts charged.
Rather, according to the witness D’s partial statement and evidence submitted, the instant mountainous district has long been established with the executory contract and warehouse since the Defendant occupied, and the Defendant only repaired the existing buildings or increased some facilities.