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(영문) 대구지방법원 서부지원 2016.09.23 2016고단933

산지관리법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, who was implementing a new construction of a factory for a mobile phone manufacturing business by obtaining approval for a factory start-up business plan from the number of Sungju-gun located in the Gyeong-gun located in Chungcheongnam-gun located in Chungcheongnam-do, and obtained permission for development acts on the aggregate of 1,444 square meters in the 2,508 square meters in the 2,508 square meters prior to D, E, 4,959 square meters in the 4, F forest and 481 square meters in the 425 square meters in the 481 square meters in the 481 square meters in the F forest and 481 square meters in the 625 square meters in the 48

1. Any person who violates the management of a mountainous district shall obtain permission from the head of the relevant forest office, etc. to divert the mountainous district according to the classification of the types, areas, etc. of the mountainous district;

Nevertheless, on April 29, 2016, the Defendant, while carrying out a new construction of a factory as above, carried out the construction of a new factory, and without obtaining permission from Sungju-gun, carried out the construction work in order to use it as a factory site by squareizing approximately KRW 300 square meters in mountainous districts exceeding the scope permitted for conversion of mountainous districts in F forest and H forest adjacent to the construction site without obtaining permission from Sung-gun-gun.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the competent authorities.

2. A person who intends to engage in development activities, such as changing the form and quality of land, in a zone subject to restrictions on development of violation of the National Land Planning and Utilization Act or to alter matters for which permission for development activities has been obtained shall obtain permission from

Nevertheless, the Defendant carried out the construction as above at the time of the above day and carried out the construction in order to use approximately KRW 1,300 square meters as a factory site without obtaining permission for the number of Sung-gun in the above I, which is a development restriction zone.

Accordingly, the Defendant performed development activities in the development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Basic matters concerning a written accusation, on-site guidance, on-site photographs, written statements, and the basic matters of a parcel;

1. Application of investigation reports (a copy of a public notice of approval for a factory establishment business plan) Acts and subordinate statutes;

1. Management of the relevant mountainous district under the provisions of the Act concerning criminal facts;