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(영문) 광주지방법원 목포지원 2021.02.04 2020고정60

국토의계획및이용에관한법률위반등

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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. A person who intends to engage in development activities, such as changing the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission for development activities from a competent authority, such as the head of a Si/Gun;

However, from June 2017 to June 2019, the Defendant exceeded the scope of permission for the construction of a site for detached houses and access roads in the south-gun B, Military, etc., and additionally cut and filled up 755 square meters out of the above land without obtaining permission from the competent authority, and changed the form and quality of the relevant land by exceeding the scope of permission for the land of 7 lots (total of 4,887 square meters) as shown in the annexed crime list during the same period, as in the annexed crime list.

Accordingly, the Defendant did development activities without obtaining permission for development activities.

2. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts shall determine its use and obtain permission from the head of the relevant forest office, etc. in accordance with the classification of the types, areas, etc.

However, without obtaining permission from the head of the forest office, the Defendant cut and filled up the quasi-preserved mountainous district in total of seven lots (4,887 square meters in total) as described in paragraph 1.

As a result, the defendant converted the use of mountainous districts without obtaining permission from the head of the forest office.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation by the number of military units in the military;

1. Written statements of C and police statements of C;

1. Application of Acts and subordinate statutes, such as on-site verification reports, and each investigation report (information of data for an accused representative) (attached to data for an accused representative);

1. Subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56(1)2 (including the occupation and use of an unauthorized development act), Article 53 Subparag. 1 of the Mountainous Districts Management Act, and the main sentence of Article 14(1) (including the occupation and use of an unauthorized mountainous district for quasi-permanent conservation, including the occupation and use of an unauthorized mountainous district) concerning the facts constituting an offense;

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 provides that a provisional payment order shall be issued.