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(영문) 수원지방법원 2016.09.29 2016고정1987

국토의계획및이용에관한법률위반등

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

Any person who intends to change the form and quality of land shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun, and any person who intends to divert land shall obtain permission from the head of a forest

Nevertheless, on April 2016, the Defendant cut the forest and field as well as converted the form and quality of the forest, without obtaining permission from the competent authority, and conducted development activities at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) (the occupation of changing the form and quality of land without permission) on criminal facts; Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act (the occupation of converting a mountainous district without permission);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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