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(영문) 대구지방법원 안동지원 2016.11.04 2016고단708

환경영향평가법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. In cases of agricultural and forestry areas under the National Land Planning and Utilization Act in violation of the Environmental Impact Assessment Act, a person who intends to implement a development project the area of which is at least 7,500 square meters shall conduct small environmental impact assessment; and where a project operator intends to obtain additional approval from the boundary of an area approved within 10 years from the boundary of an area approved as at least 50 years and the same person (spouse, blood relatives within the sixth degree, and relatives within the fourth degree of relationship within the fourth degree of relationship) under the Banking Act in an area within the scope of 50 in a straight line from the boundary of an area approved as at least 10 years, a small environmental impact assessment shall be conducted if the total area

Nevertheless, around April 22, 2016, the Defendant obtained a new construction permit for livestock pens in order to raise Korea-do with the commission of G operating a “F” corporation on the aggregate of 4,344 square meters of land size other than 4,34 square meters in Pyeongtaek-gun, Chungcheongnam-do, and the Defendant had already obtained a new construction permit for livestock pens located within the area of H 6,592 square meters adjacent to the foregoing livestock shed and the 50 square meters adjacent to the 50th lineal distance from the foregoing livestock shed on December 29, 2015, but the Defendant did not conduct a small-scale environmental impact assessment necessary for the development project by borrowing the name of J of the said G and obtaining a permit for new construction of livestock pens.

2. 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 Mayor, Metropolitan City Mayor, Special Self-Governing Province

Nevertheless, the Defendant, while raising earth to newly build livestock pens in the Ha, E, etc. from mid- January 2016 to April 2016 of the same year, caused K, a construction business entity, to fill up land at a height of about 62 cm by using soil of 25t dump truck 250s and changing the form and quality of land necessary therefor.