국토의계획및이용에관한법률위반등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
1. A person who intends to change the form and quality of land in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors, or the head of
Nevertheless, from the end of July 2014 to the end of November of the same year, the Defendant changed the form and quality of land by cutting approximately KRW 1.62m to approximately 12.92m height from the end of the same year with respect to land of approximately 10,657m2, E, E, 1,580m2, F, 158m2, G, 6,637m2.
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.
Nevertheless, from the end of July 2014 to the end of November 2011 of the same year, the Defendant converted the use of mountainous districts into mountainous districts by cutting down the mountainous districts of 1,580 square meters, F 158 square meters, G 6,637 square meters without obtaining permission from the competent authorities.
Summary of Evidence
1. Statement by the defendant in court;
1. Witness of H;
1. A written accusation;
1. Application of Acts and subordinate statutes on a petition;
1. Article 140 subparagraph 1 of the National Land Planning and Utilization Act and Article 56 (1) of the same Act concerning the facts constituting an offense (a point of using an unauthorized mountainous district) and Articles 53 subparagraph 1 and 14 (1) of the Mountainous Districts Management Act (a point of using an unauthorized mountainous district);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of alternative imprisonment with prison labor (On the other hand, changes in the form and quality of the defendant's act and conversion of mountainous district into adjacent land consisting of the same opportunity, so it is reasonable to evaluate one act as one act in light of social norms, and thus, there
It cannot be seen) The sentence of imprisonment is to be imposed in consideration of the following: (a) the area (19,032 square meters) damaged by the reason for sentencing is very wide and damaged; (b) the restoration to the original state of the vehicle is not easy; and (c) the Defendant, as a real estate developer, committed another crime even if he/she committed three or more crimes.