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(영문) 제주지방법원 2015.02.13 2014고단1633

산지관리법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is the owner of the forest land in Western-si C (hereinafter referred to as the “forest land in this case”).

Where a person who has reported a temporary use of a mountainous district intends to use land used or used for a project for the temporary use of a mountainous district for any other purpose within a specific period (within five years from the date of completion inspection of recovery in cases of restoration works, and within five years from the date of exemption in cases of exemption from restoration duties), he/she shall obtain approval from the competent authority for change of the purpose of use, and the competent authority may issue an order to recover a mountainous district, the change in the form and quality of which has been changed without such approval,

Nevertheless, on or around December 31, 2012, the Defendant filed a temporary use report (temporary use period between January 2013 and January 31, 2014) with respect to the forest area equivalent to 6,919 square meters of the forest land area in Seopopo City, the competent administrative agency, for the purpose of cultivating mountain products, as the purpose of cultivating mountain products. After obtaining approval for the temporary use from the Seopo City, the Defendant did not obtain approval for the change of the purpose of use from the Seopo City on January 2013 and changed the form of the forest area equivalent to the total of 2,456 square meters of the forest area in this case by using a cutter, etc. from the end of January 2013, and did not obtain approval for the change of the purpose of use from the Seopo City up to 2014 square meters of the forest area in this case, and did not obtain approval for the change of the purpose of use from the Seopo City on March 29, 2013.

As a result, the Defendant used the converted land for other purposes without obtaining approval, and violated the order to recover the converted mountainous district.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Two copies of output data of the mountainous district information system, two copies of land cadastre and one point of cadastral map; and