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(영문) 창원지방법원 진주지원 2018.01.17 2017고단913

국토의계획및이용에관한법률위반등

Text

Defendant

A shall be punished by imprisonment of one year and six months, and by a fine of 25,000,000 won for Defendant Incorporated Company B.

Reasons

Punishment of the crime

1. Defendant A

A. From July 2016 to October 2016, the Defendant: (a) cut and filled up mountainous districts and performed development activities in a zone where approximately 761 square meters of mountainous districts are located in Gyeong-gun, Gyeongnam-gun, the Gyeong-gun, the area of mountainous districts, without obtaining permission for the diversion of mountainous districts and permission for development activities; and (b) performed activities for the diversion of mountainous districts by performing stone construction; and (c) performed development activities for the alteration of the shape thereof; (d) from March 2016 to March 2017, the Defendant used mountainous districts to convert mountainous districts into mountainous districts and performed development activities at the same time without obtaining permission for the diversion of mountainous districts and permission for development activities for mountainous districts in a zone where approximately 11,081 square meters of total amount is approximately 20 square meters, as shown in the attached Table

B. From the end of March 2016 to the end of March 2017, the Defendant collected natural stone in an area of approximately 2,263 square meters of natural stone in the area of approximately 2,263 square meters in the Gyeong-gun, Cheongnam-gun, Busan-gun, Busan-do, and around that time, the Defendant collected natural stone in an area of approximately 15,619 square meters in total, as in the attached Table 2 of the sight table 2.

2. The Defendant Company B, the representative of the Defendant Company, committed the above-mentioned violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Each police statement made to F, G, H, and I;

1. A certified copy of the forest ledger and forestry map;

1. Application of statutes on drawings of current status for reference;

1. Article 53 subparagraph 1 of the Management of the Mountainous Districts Act, the main sentence of Article 14, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, and Article 56 (1) 2 of the Mountainous Districts Act, Article 53 subparagraph 4 of the Mountainous Districts Management Act, and Article 28 (3) of the Mountainous Districts Management Act, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment on a violation of the Management of Mountainous Districts due to the diversion of a mountainous district without permission, between a violation of the National Land Planning and Utilization Act and a violation of the National Land Planning and Utilization Act, and a punishment on a violation of the Management of Mountainous Districts with heavy punishment);

1. Defendant A who has chosen a penalty: Defendant A who has chosen to imprisonment.