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(영문) 인천지방법원 2014.11.10 2014고정2949

개발제한구역의지정및관리에관한특별조치법위반등

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Measures for Designation and Management of Development Restriction Zones is an offender who has cut illegal bamboo for profit, changed the form and quality of illegal land, and illegally constructed for profit in Seo-gu Incheon, which is a forest area within

No person shall be allowed to construct a building or alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods, etc. within a development-restricted area without obtaining permission therefor.

Nevertheless, the Defendant employed 10,000 won per day from July 18 to July 19, 2012 for mushroom growing without obtaining permission pursuant to Article 12 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (restricted Acts in Development Restriction Zones) in Seo-gu Incheon, Seo-gu, Incheon, by using 2 saw saw saws for growing mushrooms, using 100,000 won per day from July 18 to July 19, 2012, and removed 10% of trees from 30 cm to 40 cm from 2010 on a typhoon sturst, which was used as a typhoon sturst in 2010.

In addition, on July 19 through July 20, 2012, 450,000 square meters per day and 20,000 square meters per day, cut-off work and stop work that cut down the soil of the part with a high level of flapsing, which have a gradient of 20,000 square meters and applied to change the form and quality of illegal land (1,910 square meters).

In addition, from July 21, 2012 to July 23, 2012, a separate house constructor with a down payment of 5 million won and three plastic houses (A Dong, B Dong 105 square meters, C Dong 107.25 square meters) were constructed, and a total illegal construction (317.25 square meters) was made.

The Defendant was aware of a bad credit holder’s name, and collected in advance the name of C, a high credit line, and entered into a land lease agreement on July 23, 2012, and registered as D on August 8, 2012.

2. The Defendant violates the Mountainous Districts Management Act is an offender who has converted a mountainous district into Seo-gu Incheon, which is a forest area within a development-restricted zone.